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(영문) 창원지방법원 2018.05.24 2018고단733
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

No person shall smoke or take in marijuana or marijuana seed coats.

On November 6, 2017, at around 01:0, the Defendant, at the front of the D bank, franchiscison in Kimhae-si C, franchising the hemp by inserting the franchisc in tobacco located in the Defendant’s possession, the amount of the maws (scale of the hacks) into the mash, and attaching the Rab to the Rab, thereby smoking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires a strict punishment for a crime of serious harm to society. However, the defendant did not have the same criminal record, made a confession, and made a mistake, and the crime of this case is committed in smoking marijuana once, and the defendant does not reach recidivism in the future.

In addition to the fact that it is hard to determine the punishment as ordered by a fine, taking into account all the various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the instant case.

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