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(영문) 대전지방법원 서산지원 2018.07.18 2018고단560
마약류관리에관한법률위반(대마)등
Text

Defendant

A Imprisonment of 1 year and fine of 1,00,000,000 won, Defendant B’s imprisonment of 1 year and fine of 1,00,000 won, and Defendant C.

Reasons

Punishment of the crime

1. Defendants in violation of the Narcotics Control Act are not the narcotics handler.

On April 30, 2018, the Defendants: (a) around the 30th day of 2018, when she discarded the ma book located in the Chungcheongnam-gun, Chungcheongnam-do; and (b) discovered the leaves of the marib in the e book; (c) held it, and (d) conspired to smoke the mari leaves after eating it.

As above, while the Defendants possessed marijuana leaves that were written for the purpose of smoking, at around 22:00 on April 30, 2018, the Defendants: (a) removed the leaves of the tobacco in which Defendant C was in a container stuffed behind the house of Defendant A located in the Yanam-gun F of Chungcheongnam-gun, Chungcheongnam-gun; (b) stored the leaves of the tobacco in which the Defendant C was in his possession; and (c) stored the marijuana leaves in his possession; and (d) smoked in a way of raising 3-4 of each by attaching a fire.

As a result, the Defendants conspired, while holding marijuana for the purpose of smoking even if they are not the narcotics handler.

2. On April 30, 2018, from around 22:00 to May 00, 1, 2018, the Defendants used the Chapter 51, while making use of the Chapter 51, from the 2nd floor of Defendant A’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the first 3 points, carried out gambling, namely, “high saw saw” over 50 times by adding 1,00 won to 3 points, and 1,000 won for every additional 2 points.

Summary of Evidence

1. Defendants’ legal statement

1. The application of each seizure protocol and list, each investigation report (including documents attached to an appraisal report, etc. on psychotropic drugs) to statutes;

1. The Defendants: Article 61 (1) 4 (b) and Article 3 subparagraph 10 of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act ( marijuana);

Possession, each choice of imprisonment), Articles 61(1)4(a) and 3 subparag. 10 (each marijuana smoking point, each choice of imprisonment with labor), Article 246(1) of the Criminal Act (gambling point)

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act.

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