beta
(영문) 대전지방법원 2014.05.30 2014고합56

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

Punishment of the crime

The defendant is not a person handling narcotics, but shall not import marijuana.

On November 2013, the Defendant received marijuana sent from Canadian from Canadian from Canadian Scoo to Canadian during the course of its study from Canadian, and agreed to do so at a place designated by the said D once a week, and offered to import it into Canada along with the said D, with the Defendant’s consent to do so.

In December of the same year, the above D sent approximately 59.26g of marijuana to Korea on four transparent vinyls, and approximately 117.46g of marijuana to 10 transparent vinyls, respectively, by inserting them in paper files, and by disguiseding them into document bags, and sent them to Korea as international special transport cargo. International special transport cargo containing approximately 59.26g of marijuana at approximately 17:41 on the 15th of the same month (KE) on the 17:41 on the 17:41 on the 15th of the same month, and international special transport cargo containing approximately 117.46g of the above marijuana at around 16:01 on the 16:01 on the same day, respectively, passed through the Incheon National Port at the 2850 on the 2850-dong, Jung-gu, Incheon.

Accordingly, the defendant imported approximately 176.72 grams in collusion with the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each investigation report (a plan for the receipt and control delivery of marijuana-specialized shipment, a plan for the search and seizure of marijuana-related articles, a appendix of photographs of seized articles, a mobile phone boomer conversation, a photographic attachment of photographs of the contents of a mobile phone boomer conversation, and

1. Report on the detection of marijuana 59.26g, the use of international express cargo in Canada, and the application of a response statute as a result of the analysis;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Protection of Narcotics, etc., and Article 30 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. Confiscated narcotics;