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(영문) 서울서부지방법원 2019.10.10 2019고단2292 (1)
마약류관리에관한법률위반(대마)
Text

Defendant

A Imprisonment with prison labor for four months, for three months, for each of three months.

Defendant Nos. 3 and 4 of seized evidence.

Reasons

Punishment of the crime

[criminal power] On May 12, 2017, Defendant A was sentenced by the Seoul Northern District Court for a long-term of two years and a short-term of one year and six months and completed the execution of the sentence on January 12, 2019.

【Criminal Facts】

Defendants are not authorized to handle narcotics, and no person may smoke marijuana.

1. The Defendants, at the end of January, 2019, were accommodated in the D’s maid room in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, and the Defendant A d’s smoking in a way of inserting part of the tobacco pipe in which the Defendant B had tobacco leaves in a newspaper located in the lock-gu, Gangnam-gu, Seoul. The Defendants d’ smoking in a way of inserting the smoke by inserting it into a pipe of tobacco, attaching a fire, and inhaleing it.

2. Defendant A’s possession of marijuana around March 6, 2019, Defendant A carried approximately 1.80g of marijuana in a diving machine for the purpose of smoking on the first floor of Seocho-gu Seoul Metropolitan Government E, by inserting it in the storage of it.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the examination of the Defendants by the prosecution or the police;

1. Each protocol of seizure and list of seizure, each request for appraisal, one copy of the price of cancer transactions, report on the arrival of internal organs, and each investigation report (with respect to marijuana assessment results in respect of the seized articles, the amount of additional collection shall be calculated for cases not exceeding the weight of the finished leaf confiscated articles);

1. Previous convictions in the judgment (Defendant A): Criminal history records, one copy of the indictment, and the application of each statute of the judgment;

1. Article 61 (1) 4 (a), subparagraph 10 (a) of Article 3 of the Narcotics Control Act (the point of smoking marijuana, the choice of imprisonment with prison labor), Article 61 (1) 4 (b), Article 3 subparagraph 10 (b) (the point of carrying marijuana, the choice of imprisonment with prison labor) of the Act on the Control of Narcotics, Etc., and Defendant B and C: Articles 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc.;

1. Article 35 of the Criminal Act Aggravation of repeated crimes (Defendant A);

1. The former part of Article 37 of the Criminal Act and Article 38.

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