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(영문) 수원지방법원 성남지원 2017.11.15 2017고정1457
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 10, 2016, for the purpose of smoking by cultivating marijuana, the Defendant connected to D’s “D” through the Gu’s website, and ordered the hemp seed, and settled the purchase price of KRW 70,000,000 from the foreign exchange bank located near the west Station located in Seongbuk-gu, Sungnam-si, by means of remitting the purchase price of KRW 70,00 to a non-deposit account.

In the name of the deceased, 20 parts of hemp seeds were inserted in plastic cases in the Netherlands at the date in the name of the deceased, and then concealed the home in the paper card with the outer cover, and then sent them to the international mail bag, "A" and "A" in Gwangju-do, "Seoul-do," and the said mail arrived at the international public port of Incheon, around July 31, 2016, as F, of the Netherlands (KL).

On August 25, 2016, at around 09:15, the Defendant possessed the hemp seed for the purpose of smoking by receiving 20 international postal items containing 20 marijuana seeds at the same address as the address of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Report on detection of the Incheon Airport Customs Office, detection photographs, requests for analysis of narcotic suspected ingredients, and circulars to analysis results;

1. A criminal investigation report (the arrest report of the suspect) and each protocol of seizure (the defendant and the defense counsel punished ① a person who holds marijuana, the hemp seeds, or the hemp seed coats for the purpose of smoking marijuana or its seed coats for the purpose of smoking, and the said provision in possession of the hemp seeds means only the purpose of smoking marijuana seed coats for the purpose of smoking. In other words, the said provision cannot be deemed to mean a punishment for smoking marijuana for the purpose of smoking, namely, “the purpose of smoking marijuana cultivated by cultivating the hemp seed possessed,” which is disadvantageous interpretation to the defendant.

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