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(영문) 창원지방법원 2019.07.11 2019고단1482
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall smoke in marijuana.

Nevertheless, the Defendant:

1. Smoking marijuana in a number-free vehicle parked in the parking lot No. B at Kimhae-si, where the Defendant works on July 2018, in such a manner as to put in the pipe made by the gambling paper C without compensation and inhale the smoke with a fire attached;

2. On January 13, 2019, in the DNS vehicle parked at the same place, at around 13:00, smoking of marijuana over two occasions, such as inserting the influence of marijuana delivered by C without compensation, inserting the influence of marijuana, and inhaleing smoke, on the pipe made by the gambling ground, at around 10:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Papers of each defense counsel for the prosecution;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Selection of fines and fines under Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. concerning criminal facts;

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. For the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, conditions favorable to the sentencing, such as the following circumstances, Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime: The time of and reflects on the crime; the long time of the crime; there is no particular criminal record other than the punishment of a fine once due to a crime different from the punishment of a fine; and the circumstances that are relatively unfavorable to the investigation: The fact that strict measures are needed in light of the social harm and danger of drug crimes;

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