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(영문) 인천지방법원 2016.09.09 2016고단5159
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. From October 2015 to November 201 of the same year, the Defendant accepted marijuana, even if he was not a narcotics handler, who received, without compensation, one of the tobacco containing marijuana from D from the toilets located at the main stations in Jung-gu Incheon Metropolitan City, Jung-gu, and received it.

2. On December 2015, the Defendant: (a) smoked the tobacco containing marijuana in the vicinity of E located in the lower end of literature; and (b) smoked once by attaching fire to the tobacco containing marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D part of the protocol concerning the examination of the suspect against the defendant in the prosecution;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Article 61 (1) 6 of the relevant Act and Articles 61 (1) 2 and 4 (1) 2 of the Act on the Selection of Narcotics, Etc. (the occupation of receiving marijuana and the selection of fines), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the occupation of smoking marijuana and the selection of fines) concerning criminal facts;

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

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. To take into account the fact that all of the crimes on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that there are no records of narcotics-related crimes, etc.

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