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(영문) 창원지방법원 2012.12.27 2012고합262

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

The Defendant, even if he is not a person handling narcotics, knew to import the name in Sri Lanka, who is not a person handling narcotics, was willing to import the marijuana into the Republic of Korea, sent 5.04g g of hemp to Sri Lanka from June 15, 2012, and sent to the Defendant the said person the hemp 5.04g to the international letter-post item. On June 21, 2012, the said international letter-post item arrived at the Incheon National Port of Malaysia (MH) around 07:38 on June 21, 2012.

Accordingly, the Defendant imported 5.04g of hemp in collusion with the above-mentioned person.

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. Report on the detection of hemps using international ordinary mail in Sri Lanka, and each investigation report (Attachment of personal information of the addressee, a copy of a pocket book, and a cellular phone text message);

1. Determination on the assertion between the defendant and the defense counsel as a result of the analysis

1. The summary of the argument was that the defendant sent a life card and English book to the natives C in Sri Lanka and notified the Korean address. The defendant sent a life card and marijuana to his address, and the defendant did not import marijuana.

2. The following circumstances acknowledged by each evidence of judgment, namely, ① the Defendant sent the address “on June 15, 2012 to his mobile phone with an accurate and unfolded phone,” the Defendant’s daily card “on June 22, 2012,” which read “on June 28, 2012,” and “on June 28, 2012, the Defendant received text messages “on June 28, 2012,” and the Defendant’s life is almost consistent with the date of the instant crime, and the date of the instant crime.

9. Since it is 16.16., there is no reason to exchange a life card in June, and in light of the time and method of crime, such as the hemp of this case is concealed and sent to the "living card" requested by the defendant, it cannot be viewed that this case was requested by the defendant. ② If the defendant's assertion is followed by the defendant's argument, the mail sent by C, other than marijuana, to the defendant, shall be the address of the defendant around the time