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(영문) 인천지방법원 2019.09.19 2019고합384

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

1. Smoking marijuana;

A. At around 22:00 on February 20, 2019, the Defendant smoked marijuana once in a manner that connects the hemp mileage to the electronic tobacco exhauster, and inhales it through the inhalers in the cart mileage, in the dwelling of the friendly-gu, U.S. residents of the New York, U.S. P.S., the Defendant.

B. Around 20:00 on March 2, 2019, the Defendant smoked marijuana once in the same manner as paragraph (a) at the domicile of the Sil-gu, U.S. residents in the New York of the Republic of Korea.

2. On March 4, 2019, the Defendant imported marijuana: (a) divided 30 marijuana mileages into 10 each, concealed cosmetics bags, etc.; (b) deposited the said bags as air freight; (c) deposited them as air freight; (d) on board the D Company E, a New York of the United States of America (on-site hours) at around 00:50 (on March 4, 2019; and (e) on March 5, 2019 at the second passenger terminal of the Incheon Incheon International Airport located in the Jung-gu Incheon International Airport.

Accordingly, even though the defendant is not a person handling narcotics, the defendant imported marijuana mileage to the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. Status of entry and departure of each suspect A (Evidence No. 19);

1. A report on the detection of customs clearance (Evidence Nos. 2);

1. A response letter as a result of the analysis of appraised prepared by customs office (Evidence No. 17);

1. Requests for appraisal by the State, riverines, and each request for appraisal by the State (Evidence List Nos. 27,38);

1. Application of Acts and subordinate statutes to the issuance of the list of seizure and the protocol of seizure (Evidence Nos. 9, 10);

1. Article 61 (1) 4 (a), subparagraph 10 (a) of Article 3, Article 58 (1) 5, and subparagraph 7 of Article 3 of the Narcotics Control Act (the point of smoking marijuana and the choice of imprisonment), Article 61 (1) 4 (a), Article 3, subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of import of marijuana and the selection

1. The import of marijuana for which punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is the largest;