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(영문) 서울서부지방법원 2014.07.22 2014고합105
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

On February 2014, the Defendant sent Mashsh (the title of materials made by drying and tensioning marijuana resin collected from the hemp plant) to Korea from California, California, the U.S.A., and transferred USD 80 as a price therefor on March 20, 2014.

D around April 2, 2014, at Olland, concealed approximately 3.75 gh (including packagings) from the Blishland to Blish site, sealed them as abnormals, and it appears that D, E, “E,” “A, and F foreigners, have mistakenly indicated “G”, respectively. YONS-GUS-GUOE SUE 140-200 SOUTHHHHH REA sent out to Korea by international commercial mail.

On April 8, 2014, at around 14:59, 2014, the postal items concealed as above arrived at the Incheon State’s port of supply by UA93 aircraft, and around 09:30 on May 2, 2014, the Defendant was delivered to the Defendant at the Defendant’s residence located in Yongsan-gu Seoul, Yongsan-guF and the second floor, and the Defendant was closely importing marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Request for appraisal, reply, and entry or departure of each individual;

1. Application of Acts and subordinate statutes to a criminal investigation report (including report on criminal information, instructions made by the Supreme Prosecutors' Office for mutual assistance, reports on detection of customs houses, results of analysis, easy-to-see information, mail packaging photographs, easy-to-mail concealment method, mail receipt, certificate of alien registration and passport copy, passport photograph, etc.);

1. Article 58 (1) 5 of the Act on the Control of Narcotics, Etc. and subparagraphs 7 of Article 3 of the same Act concerning the punishment for an offense;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 62-2 (1) of the Criminal Act to attend lectures;

5. Reasons for sentencing under the main sentence of Article 67 of the Act on the Control of Narcotics, etc. and Article 48 (1) 1 (Evidence 3) of the Criminal Act.

1. Legal provisions;

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