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(영문) 대구지방법원 2019.08.16 2019고합161

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On July 2017, the Defendant cultivated marijuana plants at the Defendant’s house located in the Gyeongdong-gun B building B, the Defendant installed a hemp cultivation plant using the strings, heat winders, line winders, temperature meters, and ventilation purchased at the Internet shopping mall “D” site, and puts in the bottles containing soil therein. In addition, the Defendant cultivated three marijuana plants at a height of 10cm to 30cm from 10cm to 30cm in height by planting Chinese seeds with drinking water and ventilation.

2. On January 2019, the Defendant: (a) carried 10 kackers residing in the U.S. and concealed them into the clothing by inserting 10 kackers containing infinite finites; (b) sent them to the mail box along with food; and (c) sent them to the “A” delivery site; and (d) sent them to the Incheon National Port on January 20, 2019.

As a result, the Defendant imported 10 marijuana mileages.

3. Around March 6, 2019, the Defendant smoked marijuana by inserting approximately 0.3g of marijuana in pipes at the Defendant’s house, which is located in the Gandong-gun G, and attaching a smoke to the pipe.

4. At around 12:50 on March 7, 2019, the Defendant in possession of marijuana, at the Defendant’s house as described in the foregoing paragraph (3), carried marijuana in a manner of keeping the total sum of 26.4gs of marijuana and marijuana seeds dried by three marijuana seeds cultivated by the Defendant as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Letters of the small and medium-scale medical examination;

1. The written request for appraisal, the written request for appraisal, the written request for appraisal, and the written request for appraisal;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attached data Nos. 2, 8, 9, 14, 20, 25, 26, and each attached data);

1. The importation of marijuana under Article 58 (1) 5 and subparagraphs 7 of Article 3 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;