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(영문) 창원지방법원 2017.12.21 2017고합233
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the marijuana as follows:

1. Smoking marijuana;

가. 피고인은 2017. 5. 28. 오후 경 호주 퀸 즐 랜드 주 C 이하 불상 지에 있는 자신의 주거지에서 대마 불상량을 담배 속에 집어넣은 후 불을 붙여 그 연기를 들이마시는 방법으로 대마를 흡연하였다.

B. On May 31, 2017, around 14:00, the Defendant smoked the marith of marijuana in the foregoing manner at the above place.

2. On June 8, 2017, the Defendant: (a) divided marijuana 6.49g to Australia’s metal packaging and plastic transit; and (b) entered and sent the place of receipt into “A”, “Seoul Kim Sea-si D, 112 Dong 1604,” “E”, and “the sender F” into the international air route; and (c) subsequently imported marijuana by having the said international special transmission water arrive at the Incheon International Airport around June 17:32, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each investigation report (the commencement report of an investigation and the calculation of the amount collected for marijuana as well as accompanying documents);

1. The application of Acts and subordinate statutes to the appraisal report on narcotics and the appraisal report on narcotics;

1. Relevant Article 58 (1) 5, and subparagraph 7 of Article 3 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts ( marijuana);

Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking each marijuana and the choice of each imprisonment with prison labor)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be made within the scope of the sum of the long-term punishments of each offense above the punishment as provided for in the crime of violation of the Narcotics Control Act due to the largest import of marijuana);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62Da101, Jan. 1, 201).

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