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(영문) 인천지방법원 2017.06.02 2017고합175
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2017, the Defendant imported marijuana: (a) recruited marijuana from F to enter the Republic of Korea on the ground of fraud; and (b) on March 14, 2017, by bearing KRW 1.5 million each of the purchase price for marijuana, the Defendant sent KRW 3 million to F using bitcos.

F divided marijuana 442.06g and packed into 16 g, and luxin lux on the outer surface of vinyl, luxin lux in which lux was packed into lux, and then entered the recipient as “G” and the receiving place as “Seoul Jongno-gu Seoul Special Metropolitan City H,” and then sent the same international express forwarding cargo to the International Airport of the United States of America (KE) on March 19, 2017, and then arrived at the Incheon International Airport of the Republic of Korea around 06:23, 2017.

Accordingly, the defendant imported marijuana to the Republic of Korea in collusion with E.

2. On March 19, 2017, the Defendant smokeed marijuana: (a) around 19, 2017, in the Defendant’s residence located in Songpa-gu Seoul Songpa-gu apartment C, Songpa-gu, Seoul, 1532, after deducting the cigarette holder from the cigarette holder’s cigarette holder, put about 0.2g of marijuana; and (b) smoked in a way that smokes by attaching the cigarette by smoking.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes to customs detection reports, response reports on analysis results, and narcotics appraisal reports;

1. Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Selective Control of Narcotics, Etc., Article 30 of the Criminal Act (the import of marijuana and the choice of imprisonment with prison labor), Article 61 (1) 4 (a) and Article 3 subparagraph 10 of the Narcotics Control Act (the point of smoking marijuana and the choice of imprisonment with prison labor) concerning the crime;

1. Aggravation of concurrent crimes for the crimes of violation of the Act on the Control of Narcotics, etc. from Import of Cannabis with heavy punishment (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Suspension of execution;

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