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(영문) 인천지방법원 2016.12.20 2016고단4548
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal power] On December 12, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on June 11, 2013, and completed the enforcement of the above sentence at the Incheon Detention Center on June 11, 2013. On April 27, 2016, the above court sentenced two years of imprisonment with prison labor for the obstruction of performance of official duties, etc. and the said judgment became final and conclusive on June 7, 2016

【Criminal Facts】

The Defendant smoked once between February 5, 2016 and the 15th day of the same month in Incheon City by an influence of marijuana.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Each legal statement of witness B, C, D, and E;

1. A warrant for search, seizure and verification, protocol of seizure, list of seizure, written consent for the extraction of urines and urines, and date of urine

1. Written permission to provide communication confirmation data (2016-3770), and A mobile phone calls;

1. A statement on narcotics appraisal;

1. Before the judgment: In light of the results of inquiry, investigation report (Attachment to the consolidated inquiry, etc. of the same case), investigation report (Attachment to the judgment attached to the same case), Incheon Prosecutors' Office 2016-type and 21769-type and 2016-type and 21769-type and the facts charged in the instant case, the Defendant’s status of personal identification/Admittance did not specify the facts charged. However, according to the evidence duly adopted and investigated by the court, the prosecutor indicated the date and time of the crime as “the date and time of the communication of the Defendant’s cell phone from February 5, 2015 to February 15, 2015,” as far as possible, on the basis of the evidence, such as the date and time of the correction of the Kahar Karcca, a primary chemical component indicating decilization action, when smoking marijuana, and the date and time of the communication of the Defendant’s cell phone to the Defendant.”

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