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(영문) 울산지방법원 2014.10.17 2014고합219
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

1. No person in charge of smoking shall smoke marijuana;

On March 16, 2014, at around 13:00, the Defendant purchased approximately 12 grams in the Duna shop near the Netherlands cancer (hereinafter “C”), and smoked about 1/34 g of marijuana by inserting approximately 1/3 (0.34 g of marijuana) by inserting the said marijuana in a flab by inserting it into the flab in the flabing box, namely, by inserting approximately 18,00 won in the flab.

2. No person who occupies smuggling shall import marijuana;

The Defendant, at the same time and time as mentioned in the preceding paragraph, sealed approximately 0.6 g of marijuana 0.6g of the remaining smoking as above in tapes, and boarded at KSM Netherlands Aviation KL855, which starts from the above cancer tegrative, with the Defendant’s prompt chrode, and imported approximately 0.6 g of marijuana upon arrival at the Incheon Central State’s port of supply located in Jung-gu Incheon, Jung-gu, Incheon, around March 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. As a result of analysis, a report on the results of an analysis, a simple reagents (e.g., ae., aurine inspection, a written report on requests for appraisal, and an appraisal report;

1. Status of individual entry and departure;

1. Seized marijuana and shot photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 5 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the import of marijuana and the choice of limited imprisonment), Article 61 (1) 4 (a), and Article 3 and 10 (the occupation of smoking marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc. concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of each of the crimes above] among concurrent crimes, Article 37 of the Criminal Act and Articles 38 (1) 2 and 50 of the same Act;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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