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(영문) 서울북부지방법원 2013.05.30 2013고단760
마약류관리에관한법률위반(대마)
Text

Defendants shall be punished by imprisonment for ten months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Defendant

A is an illegal aliens who entered the Republic of Korea as a short-term visa on December 3, 2007, and Defendant B is not a person handling narcotics, respectively, who entered the Republic of Korea as a short-term visa on April 29, 2006.

1. No person other than a person handling narcotics who jointly commits the crimes of the Defendants shall cultivate, possess, possess, give or receive, transport, keep in custody, or use marijuana;

At around 17:00 on November 26, 2012, the Defendants conspired to collect wild marijuana in the vicinity of the parking lot of the military unit following the 17:00 Gyeonggi-si, and brought it to the D dormitory in which the Defendants reside, brought it back to the D dormitory where the Defendants live, and wrap up to the front of the calendar in the front of the calendar, the front of the west, and the front of the bend, and kept marijuana under the direction of the 163.34g in total until March 26, 2013.

2. At around 12:00 as of the end of November 2012, Defendant A smoked marijuana over 23 occasions from that time by the same method until March 26, 2013, including the following: (a) the Defendant, at the above D dormitory, 1 of the general tobacco, 0.5g of marijuana in which 0.5g of it was attached; and (b) the Defendant, as indicated in the attached List of Crimes (I), she satisfe in the said D dormitory; and (c) the Defendant, as indicated in the attached Table of Crimes (I).

3. At around 12:00 as of the end of November 2012, Defendant B smoked marijuana over 22 occasions from that time by the same method until March 26, 2013, as indicated in the annexed Crime List (Ⅱ), including the following: (a) the Defendant fright one of the general tobacco in the above D dormitory; (b) put about about 0.5g of marijuana in the said dormitory; and (c) put about a smoke; and (d) smoked it by the same method from that time until March 26, 2013.

Summary of Evidence

1. Defendants’ legal statement

1. Copies of the police interrogation protocol of E;

1. Application of Acts and subordinate statutes concerning the preliminary test report on narcotics, on-site and seized objects, investigation reports (verification of the price of narcotics, etc.); and monthly trends of narcotics;

1. Article 61 (1) 6 and Article 4 (1) 2 of the Act on the elective Management of Narcotics, Etc. concerning criminal facts, and Articles 30 and 61 (1) 4 of the Criminal Act;

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