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(영문) 서울중앙지방법원 2017.09.14 2017고단5021
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of KRW 30 million.

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

Reasons

Punishment of the crime

On January 2017, the Defendant drank 0.5g of marijuana, which he left in the E parking lot located in Gangnam-gu Seoul, with the Defendant’s Flelele in the off-car, and acquired by an influenite method in the passenger car, after being dnick in the paper of tobacco.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of the Acts and subordinate statutes on narcotics appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense, and selection of fines;

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

1. Crimes related to narcotics for reasons of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. are serious crimes that cause serious adverse effects on society as a whole, such as impairing the public health as well as on inducing other crimes.

In the defendant's maternity response was found.

The defendant has been punished for a fine for the same kind of crime in 2013.

However, this case had been smoked once in marijuana, and the defendant voluntarily surrenders himself, and is against the law.

There is no other power over fines against the defendant, and the defendant currently operates the company as the representative director of a corporation with the purpose of logistics and transportation business.

The sentencing conditions are determined as ordered by comprehensively taking account of the defendant's age, sex and environment, health condition, motive and consequence of the crime, circumstances after the crime, and intent of the defendant to practice the short sentence.

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