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(영문) 대전지방법원 2016.11.11 2016고합359
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

Defendant is not a narcotics handler.

1. Import of marijuana;

A. On June 9, 2016, the Defendant: (a) connected the Defendant’s home to D’s site via the Internet; (b) ordered 3 grams of hemp plants; (c) paid 80,000 won for the payment thereof; and (d) imported approximately 2.45 grams of hemp as an international letter-post item using air flights from the United Kingdom on June 15, 2016, via the Incheon International Airport located in Jung-gu, Incheon, China, and 272.5 grams of hemp.

B. Around June 29, 2016, the Defendant, by accessing the above Defendant’s home, ordered the said D’s website to pay for approximately one 60,000 won for the hemp as the price. On July 14, 2016, the Defendant imported approximately 1.16 grams from the United Kingdom into the Republic of Korea via the Incheon International Airport by bringing about approximately 1.16 grams from the Republic of Korea as an international letter-post item using air flights from the United Kingdom.

2. Smoking marijuana;

A. At around 00:00 on May 6, 2016, the Defendant smoked marijuana by smoking approximately 0.5g of about one gram of the hemp plant purchased from an unqualified person on his/her name on May 5, 2016 at the home of the above Defendant’s house by attaching a horse on his/her paper.

B. At around 03:00 the above day, the Defendant was above the Defendant’s house.

1.5 g of the hemp plant as defined in paragraph (1) of this Article, in such a way that the hemp plant smokes in a way that the plant 0.5 g.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. Investigation report (control delivery and arrest of a flagrant offender), investigation report (report on photographing the articles seized at will of a suspect), and investigation report (report on calculation of an additional collection charge);

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

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment), Article 58 (1) 5, and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, Etc. (the point of importing marijuana and the choice of limited imprisonment) concerning criminal facts;

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