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(영문) 인천지방법원 2016.09.08 2016고단4538
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On November 26, 2013, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Incheon District Court and the said judgment became final and conclusive on May 29, 2014.

【Criminal Facts】

1. On December 2012, 2012, the Defendant, within the Defendant’s vehicle parked on the street near the C Station located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, made approximately 0.5g of marijuana a day-to-day and smoked once with a fire attached.

2. On December 2012, 2012, the Defendant parked in a park in the vicinity of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, with approximately 0.5g of marijuana 0.5g in the Defendant’s vehicle, which was made of a marith of the marith of the horse, and smoked once by

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previouss before judgment: Criminal history records, inquiry reports, and investigation reports (verification of causes for release from A);

1. Report on investigation (calculated additionally), application of Acts and subordinate statutes on cancer transaction prices of narcotics;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the elective Management of Narcotics, Etc. concerning criminal facts, the choice of fines, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the fact that the defendant has been punished for committing a crime related to marijuana in the past; (b) the fact that the previous conviction and the latter concurrent crimes under Article 37 of the Criminal Act are committed; and (c) the fact that all voice reactions with respect to marijuana have occurred in the urgical and maternity prosecutor, etc. shall be considered favorable circumstances; and (d) the punishment as ordered shall be determined by taking into account all the conditions for sentencing, such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime

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