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(영문) 인천지방법원 2019.10.24 2019고단5702
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for six months.

3,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2016, the Defendant was sentenced to six months of imprisonment by the Incheon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and completed the enforcement of the said sentence on August 10, 2016.

【Criminal Facts】

At around 16:00 on February 28, 2019, the Defendant, who is not a person handling narcotics, provided several pieces of holess in the “C” restaurant run by the Defendant located in Jung-gu Incheon Metropolitan City, with the upper part of the empty cans, and thereafter, smoked in a way that the Defendant, who was not a person handling narcotics, had the strings of the hemps on the front part of the empty cans, had the strings of the hemps, had the strings of the hemps, had the strings of the strings of the C,

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D (tentative name) and D;

1. Seizure records;

1. A statement on narcotics appraisal;

1. A report on investigation (calculated additional charges);

1. Previous convictions indicated in the judgment: Criminal records, undispositions, reports on the results of confirmation, and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc., and the Selection of Imprisonment with prison labor, with prison labor, pursuant to Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Management of Narcotics, Etc., for which

1. Article 35 of the Criminal Act among repeated crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type): 01. Medication, simple possession, etc. (Type 2) marijuana and perfumes;

Items e and e.

No person [special person] [the area of recommendation and the scope of recommendation] basic area, imprisonment from August to June 1.

2. The crimes of narcotics, etc. on which a sentence is imposed, need to be strictly punished for addiction and the personal and social harm resulting therefrom.

Although this kind of crime is one of the crimes, it is inevitable to sentence imprisonment because not only the crime committed during the repeated crime but also the defendant has been punished four times due to the same crime.

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