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(영문) 부산지방법원 2020.01.10 2019고합471

마약류관리에관한법률위반(대마)

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Smoking marijuana;

A. On March 22, 2019, at around 22:00, the Defendant smoked the marith amount of marijuana by taking an electronic tobacco containing the marith of hemp from “C” in the piracy located in the west of the United States of America.

B. On March 23, 2019, at around 22:00, the Defendant smoked marijuana in the same manner as described in paragraph (1) at the place described in paragraph (1).

2. At around 11:45 on March 27, 2019, the Defendant imported marijuana: (a) placed in the Hobuan Port of the United States of America, in a travel room where three marijuana knife store (including containers 33.01g) are concealed; (b) deposited the said aircraft’s baggage in a travel room; and (c) arrive at the Incheon State’s port of supply located in Jung-gu Incheon Metropolitan Government Port of the Republic of Korea at around 18:50 on the following day.

Accordingly, the Defendant imported marijuana from the United States to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection and seizure;

1. A written request for analysis, a report on results of analysis, - a report on results of analysis (the articles seized and marijuana);

1. Written confirmation of consent to the extraction of urine and hair, request for appraisal, request for appraisal, report on appraisal, - written appraisal (training, training) and report on appraisal, - written appraisal (sort and training);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 58 (1) 5 of the relevant Act and Articles 3 and 7 of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of import of marijuana and the choice of limited imprisonment), Articles 61 (1) 4 and 61 (1) 4

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of adding up the long-term punishments of each of the above crimes)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Collection of narcotics;