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(영문) 인천지방법원 2013.05.08 2013고단1244
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant of “2013 Highest 1244” was sentenced by the Incheon District Court on January 12, 201 to one year for a violation of the Act on the Control of Narcotics, Etc. (fence), etc. and was not a person who completed the execution of the sentence at the Incheon Detention Center on October 26, 201, and was not a person to be treated as narcotics.

Around 02:00 on March 4, 2013, the Defendant: (a) taken from “Dju store” located in Singu, “Dju store” to dry up approximately 0.5g of hemp seed coats; and (b) smoked by putting them into a paper of tobacco, making one of the mari tobacco.

"2013 Highest 1804" Defendant, on January 2013, 201, smoked marijuana in the roof room of a commercial building located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by deducting the tobacco plant in his possession, by inserting approximately 0.5g of marijuana in his/her possession, and by putting the smoke in a string manner.

Summary of Evidence

"2013 Highest 1244"

1. Defendant's legal statement;

1. Requests for appraisal, reports on requests for appraisal, and requests for further replys for appraisal;

1. A criminal investigation report, an investigation report, and an investigation report (in cases of calculating the amount additionally collected);

1. Previous convictions in judgment: Criminal records, personal identification and confinement status, investigation reports (former records and attachment of court rulings)";

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (verification of transaction prices of narcotics);

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Act on the Management of Narcotics, Etc., by which the relevant Article of the Act on Criminal facts and the Selection of Punishment are applicable;

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

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation = 3,00 won = 1,500 won (the single-time price) ¡¿ 2 times) of the Act on the Management of Narcotics, Etc., for the reason of sentencing, the defendant confessions the crime of this case and repents the wrong facts. However, even though the defendant had been punished several times for the same crime, it is inevitable to sentence him/her again for the crime of this case within the period of repeated offense,

The above circumstances and the ages, health conditions, and conditions of the defendant.

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