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(영문) 서울중앙지방법원 2016.04.15 2016고합59
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

Defendant is not a narcotics handler.

1. Around September 2015, the Defendant received a proposal from “D” hotel located in the New York State of New York to the effect that “E” (hereinafter “E” and “E”) shall be sent to the Republic of Korea when dialogueed with respect to marijuana, and that he would import marijuana into the Republic of Korea by accepting it.

On September 21, 2015, the Defendant entered the Republic of Korea on September 21, 2015, and the said E, on October 2015, entered approximately 90g (Evidence 1) and approximately 12.4g (Evidence 2) of the hemp sugar in the international special transport cargo, into an international special transport cargo, and sent it to the Republic of Korea, stating “F”, “F, Jung-gu Seoul Special Metropolitan City G 401” at the address of the recipient, and around October 16, 2015, the Defendant sent it to the Republic of Korea with the special international transport cargo concealed by the said marijuana coo, etc. through the U.S. H aircraft at the international air port of the Incheon International Airport on April 16, 2015.

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

2. On October 16, 2015, the Defendant received and taken marijuana: (a) around 01:00, the Defendant received and taken marijuana from “J club” located in Gangnam-gu Seoul Metropolitan Government, and received and taken marijuana from “K” free of charge and received and taken it by drinking it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (the commencement of an investigation related to international express shipments, the conduct of controlled delivery, and the arrest report of suspects);

1. Reporting on detection by the Incheon Airport Customs Office;

1. Responses to the results of the analysis, each notification of the results of the analysis (small river-marijus training, hair-marijus training);

1. One call letter containing marijuana ingredients received and taken in as stated in the judgment of the Defendant, as stated in paragraph 2 of the search and seizure protocol, can only be used to find out only the fact that there is 50,000 ordinary transaction prices in 1g of the hemp, on the sole basis of the investigation report (i.e., the calculation of a surcharge and the record of evidence) without any evidence as to which the hemp ingredients are to a certain extent. Furthermore, one of the above call letter is ordinarily trade.

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