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(영문) 대전지방법원 홍성지원 2019.01.09 2018고단798
마약류관리에관한법률위반(대마)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by imprisonment for six months, and by a fine of 1,500,000 won.

Defendant .

Reasons

Punishment of the crime

The Defendants handled marijuana as follows, even if they were not the narcotics handler, as a regional ex post facto distribution.

1. At around April 19:00 on April 7, 2018, the Defendants conspired with each other to put the marith in the pipes made by Defendant A in the Yannam Budget-gun, into the pipes made by Defendant A, and then smokeed in a way of spreading the marith.

2. Around November 2017, Defendant B: (a) collected marijuana from marijuana trees that were born to the Republic of Korea in the F located in Chungcheongnam-gun, Chungcheongnam-gun; and (b) carried it in possession of the math of marijuana.

3. A around November 2017, the Defendant: (a) obtained the marithic frith of marijuana taken from B as described in paragraph (2) from the flower storage as described in paragraph (1); and (b) separated the leaves and seeds of marijuana from that warehouse; and (c) stored marijuana in the way of drying and storing them in the said warehouse.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A report on internal combustion (the detection of stuffs in a plastic bag in front of a flower warehouse), records of seizure, and on-site photographs prior to a flower warehouse;

1. A narcotics appraisal statement and a gene appraisal statement (No. 9 proof table);

1. Application of the Acts and subordinate statutes to the narcotics appraisal statement (A), each narcotics appraisal statement (B), each narcotics appraisal statement (C), each gene appraisal statement (No. 44, 46, 48, and 51).

1. All the Defendants of relevant legal provisions concerning criminal facts: Articles 61 (1) 4 (a), 3 subparag. 10 (a), and 30 (1) 6, and 4 (1) 2 (a) of the Criminal Act: Defendant A: Articles 61 (1) 6, and 61 (1) 6, and 4 (1) 2 (a) of the Act on the Control of Narcotics, Etc.)

1. Defendant A and B who selected the sentence: both of the crimes listed in the judgment below are punished by imprisonment ( Taking into account the fact that there was a criminal record of the same kind of punishment): Defendant C is the first offender of a fine, reflectiveness, and take part in the relationship with the accomplice, and is a minor.

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