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(영문) 인천지방법원 2019.05.02 2019고합146

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

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

1. On January 30, 2019, at around 21:00 (Local Time) the Defendant: (a) dumped marijuana knife from “B” located in the U.S. LA Korea branch, which contains marijuana ingredients, and connected the marith of marijuana knife with the knife of the knife of the knife in the knife of the knife; and (b) smoked the knife of the knife through the knife in the knife.

2. On January 30, 2019, at around 22:00 (Local Time) the Defendant, at the front parking lot of the convenience store of the U.S. LA Korea, received three marijuana mileages from the above “B” without compensation, put them into the patriarch, and put them into the abund for travel.

On January 31, 2019, at around 10:50 (Local Time) the Defendant boarded at C, the airport of the United States of America, and arrived at the second passenger terminal of Incheon International Airport at around 19:0 on February 1, 2019, with a bank for the above travel at around 19:00.

Accordingly, the Defendant imported marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (exploiting circumstances and commencement of an investigation) and a report on detection of customs preparation (Evidence List Nos 1, 2);

1. As a result of the analysis of appraised prepared by the customs house, circulars and ruptures of replys, riverines and ruptures of maternal survey reports (Evidence Nos. 16 through 18 of evidence lists);

1. An investigation report (Attachment of Details of entry or departure by individual of a suspect) and a personal inquiry report (Evidence Nos 19,20 No. 19,20);

1. Application of Acts and subordinate statutes to the seizure list, delivery books and seizure records;

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., concerning facts constituting an offense;

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;