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(영문) 대전지방법원 2013.07.17 2013고합194

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

No defendant shall import marijuana, which is a narcotics handler, by being the narcotics handler.

On January 2013, the Defendant came to know while conducting the English language training in the U.S., and demanded that he receive marijuana, and remitted KRW 200,000 to the Buddhist account designated by C as the price for marijuana.

C around January 29, 2013, upon the Defendant’s request, concealed approximately approximately 15.67 g of hemp 19 in the United States, in the form of sealing it on a boat, a stove, and clothes, and sent it as international cargo.

Afterward, at around 17:00 of the 31st day of the same month, the cargo concealed by the above hemp passed through the customs search unit upon arrival at the Incheon State's port of delivery at around 7858, and the same year.

2. 6. 20:00 delivered to the Defendant at the Daejeon-gu Daejeon D apartment 604 Dong Guard room.

Accordingly, the Defendant imported marijuana, which is a narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the effect that he/she has seized marijuana held by the defendant among the protocol of seizure by the prosecution;

1. Investigation reports (e-mail packaging conditions), reports on detection of customs documents, reports on investigation (Stockholm text photographs) and the application of video-related Acts and subordinate statutes;

1. Article 58 (1) 5, subparagraph 7 of Article 3, and subparagraph 4 of Article 2 of the Act on the Selection of Criminal Crimes and the Management of Narcotics, Etc.;

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

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

5. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of punishment] from 2 years and 6 months to 15 years [the determination of types] from 2 years and 15 years [the determination of types] narcotics crimes, export, import, manufacture, etc., 2 types (mariju, marithc.) [the scope of recommendation] no criminal record (the person subject to general mitigation] [the scope of recommendation] from 2 years and 6 months to 4 years, and the lower limit is legally applicable.