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(영문) 서울동부지방법원 2016.06.17 2016고합121

마약류관리에관한법률위반(대마)

Text

A 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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around October 2015, the Defendant conspired to import marijuana into the Republic of Korea in the U.S.A. where California was located in California, and C, around that time, was concealed about 2.23g of marijuana in the mail box in the U.S. and sent to the Republic of Korea for international trade by means of international mail and sent approximately 2.23g of marijuana in the U.S. and sent to D, the Defendant’s domicile, the Defendant’s domicile, Seongdong-gu, Seongdong-gu, Seoul, an apartment 502.914, U.S. and had it arrive at the Incheon International Public Port on November 5, 2015. The Defendant was aware of the circumstances where marijuana was concealed in the Republic of Korea.

D The above international trade items were received to D.

Accordingly, the Defendant imported approximately 2.23g of marijuana in collusion with C.

2. On November 16, 2015, the Defendant, at the Defendant’s house of Jung-gu Seoul, Seoul, and at the Defendant’s house of 26 Dong 201, sealed the tobacco smoke of one cigarette, and smoked in a way that puts the smoke into the erode of marijuana into the erode and added the erode.g., the smoke.

3. On December 1, 2015, the Defendant smoked in the marith of marijuana in the above Defendant’s house by the same method as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Records of seizure by prosecution (33 pages of the records of evidence, December 3, 2015);

1. Reporting on detection and investigation report (Calculation of the amount additionally collected for suspect A Handphones);

1. As a result of the analysis, a reply and an appraisal;

1. The application of statutes on monthly trends in narcotics, such as the Kakao Stockholm dialogue content, etc.;

1. Article 58 (1) 5 of the relevant Act and Article 58 (1) 7 of the Act on the Selection and Management of Narcotics, Etc. (the import of marijuana and the choice of imprisonment with prison labor), Article 61 (1) 4 (a), and Article 3 (10) 10 (a) of the Narcotics Control Act (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments for the crimes of violation of the Narcotics Control Act concerning the import of marijuana, the largest of which is referred to in the penalty);

1. Reduction of a small amount;