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(영문) 창원지방법원 통영지원 2019.11.21 2019고합75
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

The defendant, on December 11, 2018, entered the Republic of Korea with the status of stay of "ship equipment (D-9-3)" and is a hybrid foreigner with the status of stay until December 11, 2019.

1. On April 4, 2019, the Defendant smoked marijuana in a total of five occasions, as shown in the list of offenses, from that time, from that time, the Defendant returned to the Republic of Korea on April 4, 2019, and took possession of marijuana car stops in the United States of America on the same day and smoked by attaching it to the electronic tobacco.

2. On May 15, 2019, the Defendant: (a) conspired to import marijuana “ma” and “mariana knife” (e.g., injecting liquid-type marijuana into the electronic tobacco car knife; hereinafter referred to as “mari knife knife”) into the Republic of Korea.

Accordingly, around June 11, 2019, the above E received the said postal items from the office located in California located in the U.S., for the suspension of the said five marijuana storages to the Republic of Korea, and sent them to the Republic of Korea by international mail (B), and around 15:19 on June 14, 2019.

Accordingly, the Defendant imported marijuana in collusion with the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes of the arrest, search, and seizure site photographs, seized articles photographs, SNS dialogues, F-Mazer’s text messages, photographic pictures, and table of requests for appraisal (2019-S-5777)

1. Article 58 (1) 5 of the relevant Act and Articles 3 and 7 of the Act on the Selection of Narcotics, etc., Article 30 of the Criminal Act (the point of import of marijuana and the choice of limited imprisonment), Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. (the point of use of marijuana smoking and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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