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(영문) 서울중앙지방법원 2016.11.04 2016고합965

마약류관리에관한법률위반(대마)

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant was not a person handling narcotics, around June 27, 2016, the Defendant decided to purchase marijuana from a person whose name is not known using “D,” which is a Messenger service, which is a social relation network service in Gangnam-gu Seoul, Seoul, and 1405, and remitted 120,000 won, which is a kind of Internet electronic currency, to that person.

After July 2016, a person whose name is in the Netherlands cannot be known to him/her on the early 2016, concealed marijuana 2.43g to the Defendant’s divedidi (DVD case) case by inserting marijuana 2.43g, and then, through air delivery on July 5, 2016, caused the Defendant to arrive at the Incheon State’s port of delivery.

Accordingly, the defendant imported marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Protocol of seizure and protocol of seizure;

1. Investigation report (Attachment to photographs of the contents of conversation);

1. Requests for the analysis of ingredients of suspected narcotics, results of the analysis, confirmation of uriine simple reagents (ACCUSIGN), requests for appraisal of urinals and hairs, requests for appraisal of urinals and Materns, and the application of Acts and subordinate statutes;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. The scope of recommendations on the sentencing criteria (the determination of types) shall be limited to marijuana, manufacture, etc. of narcotics crimes.

Title (Type 2) (No person who is a special person) [Scope of Recommendation] Imprisonment with prison labor for 2 to 4 years (basic area)

3. Determination of sentence: Imprisonment with prison labor for two years and six months, suspended execution of four years, probation, and community service order for 120 hours, the defendant directly imported marijuana from abroad;