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(영문) 서울중앙지방법원 2020.05.01 2020고합51

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 part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

1. The Defendant importing marijuana at around 23:00 (U.S. (hereinafter referred to as “U.S.”) on April 20, 2019

[Local Time] At the international port of the United States Luxembourg Angegeles (LA), three hemp storages (including containers, approximately 40.74g, Nos. 1 and 2), four hemps first (including containers, approximately 190.05g, Nos. 3 and 6), one marijuana gelel (including containers, approximately 30g, No. 7), two marijuana diesels ( approximately 154g, No. 8 and 9) were loaded on the B aircraft for travel, and arrived at the port of supply of the Jung-gu Incheon Incheon Port around April 22, 2019. < Amended by Act No. 19057, Apr. 22, 2019>

Accordingly, the defendant imported marijuana.

2. Smoking and taking in marijuana;

A. On April 13, 2019, the Defendant dried an electronic tobacco containing liquid marijuana from the U.S. in the mutual influence of the trade name in the U.S., at night (on-site view in the U.S.), and smoked by smoking, as the Defendant smoked, in a manner that smokes, as the Defendant smoked.

B. On April 18, 2019, the Defendant taken marijuana by melting the marith of marijuana and the marith of hemp in a lux in the lux room where the Defendant, on April 18, 2019, was staying in the United States, at night.

Summary of Evidence

1. Defendant's legal statement;

1. A written delivery of a seizure record and a list of seizure;

1. A report on the detection of customs, a request for analysis of customs ingredients, and a report on the results of analysis of customs ingredients;

1. Request for a response to the legal expert opinion;

1. One copy of the suspect A passport, and one copy of the suspect A's entry and departure status;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 16);

1. Narcotics, etc. under Article 58 (1) 5 of the relevant Act on Criminal Facts, Articles 3 and 7 of the Act on the Selection and Management of Narcotics, etc., and Articles 58 (1) 7 of the same Act (the occupation of marijuana import and the choice of limited