마약류관리에관한법률위반(대마)
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.
Punishment of the crime
1. On August 3, 2017, the Defendant purchased 17g 50,00,000 won from the person who was in the name in the mouth near the “D market” located in the Chinese Mine-si. On the same day, around 21:00, the Defendant smoked around 0.35g of the hemp, among the hemps purchased at the Defendant’s residence, around 17 Dong 1329, at the 17th and 1329, by inserting approximately 0.35g of the hemps purchased as above, in a pipe and attaching a fire.
2. On August 4, 2017, around 01:15, the Defendant imported marijuana: (a) purchased at the Chinese F Airport as prescribed in paragraph (1) in a Chinese F Airport and stored it in his/her own panty in a sealed state with approximately 16.65g of hemp, which remains after smoking, and (b) entered the Republic of Korea H in around 06:10 on the same day.
Accordingly, the Defendant imported marijuana from China to Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Investigation report (Attachment of smoking pipe photographs);
1. Application of the Acts and subordinate statutes to customs detection reports, narcotics appraisal reports, and response results from analysis;
1. Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act (the purchase of marijuana) of the Defendant’s defense counsel on criminal facts alleged that Article 61(1)4(c) of the Narcotics Control Act shall apply to the crime of this part in the summary of the pleadings submitted after the conclusion of the pleadings. However, the above provision provides for punishing the hemp seeds or the seeds of the hemp (the act of smoking or taking in marijuana or its seed coats for the purpose of engaging in the act of item (a) (the act of carrying marijuana, its seed coats) or (b) (the act of carrying marijuana or its seed coats for the purpose of engaging in the act of item (a)) of the same subparagraph, and punishing the person who trades or assists in the trade of marijuana [the seeds of the hemp shall not be included in marijuana (Article 2 subparag. 4 of the Narcotics Control Act)]; since the above provision does not apply to the Defendant who directly purchased the hemp plants, the above assertion is without merit.
. Matters concerning the control of narcotics.