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(영문) 수원지방법원 여주지원 2018.10.19 2018고단845
마약류관리에관한법률위반(대마)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On April 6, 2018, the Seoul Southern District Court sentenced a suspended sentence of three years on April 14, 2018 for a violation of the Act on the Control of Narcotics, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on April 14, 2018.

Defendants are not narcotics handlers.

1. Defendant A

A. On October 4, 2017, at around 14:00, the Defendant issued to B, without compensation, marijuana two quantities of marijuana leaves (at least 10 smoking quantities) in front of the dwelling route in C located in Gangwon-gun, Gangwon-gun, a vehicle in front of the dwelling route in B.

B. On October 27, 2017, around 14:00, the Defendant issued to B, within its cherbter vehicle parked in front of the residence of the foregoing B, two quantities of marijuana leaves free of charge.

2. Defendant B

A. At around 14:00 on October 4, 2017, the Defendant received marijuana from A, having been parked in the front way of the residence of the above Defendant, after having received two quantities of marijuana leaves from A free of charge.

B. At around 14:00 on October 27, 2017, the Defendant received marijuana from A, having been parked in the front way of the residence of the above Defendant, after having received two quantities of marijuana leaves from A free of charge.

3. The Defendants jointly committed the crime at the time, time, and place described in the above 1.A., cut the tobacco plant contained in one cigarette at the time, time, and place specified in the above 1.1. A, put the hemp leaf produced within the said plant into the plant, and smoked in a way that a smoke is cut off by attaching the fire.

Accordingly, the Defendants conspired to smoke marijuana.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Written inquiry about criminal history, etc. (B);

1. One copy of the final decision of the respondent B; and

1. Application of Acts and subordinate statutes of Part I to a report on investigation (related to a surcharge) and to the monthly trend cancer trading price table;

1. The Defendants of the relevant Article of the Act on the Control of Narcotics, Etc.: Articles 61(1)6 and 4(1) of the Act on the Control of Narcotics, Etc. and Article 61(1)4(a) of the Act on the Control of Narcotics, Etc.

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