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(영문) 서울고등법원 2015.12.10 2015노2393
마약류관리에관한법률위반(대마)
Text

The prosecutor's appeal is dismissed.

Reasons

In full view of the following facts: (a) the violation of the Act on the Control of Narcotics, etc. (the fact-finding and the misunderstanding of legal principles) due to the smuggling imported by the Defendant; (b) the training reaction of marijuana occurred as a result of the Defendant’s maternity test; (c) approximately 3.21g from the South Africa Republic of South Africa the addressee was the English name of the Defendant; (d) the place to receive marijuana was the Defendant’s paper visit; and (d) the Defendant used the language referring to marijuana; and (e) the Defendant conspired with the name of the South Africa Republic of South Africa, despite the full recognition of the fact that the Defendant imported marijuana was sealed, the lower court acquitted the Defendant on the violation of the Act on the Control of Narcotics, etc. (the Narcotic) due to the smuggling imported,

As a result of the Defendant’s maternal assessment of the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the smoking of marijuana, the Defendant appears to have smokeed during the said period from the first patrol officer on June 2014 to the first patrol officer on August 2014, and considering the above circumstances, etc., the lower court dismissed the Defendant’s prosecution on the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the smoking of marijuana, on the ground that this part of the facts charged was not specified

Judgment

According to the court below's violation of the Act on the Control of Narcotics, etc. (mariana) due to the import of marijuana, according to the defendant's partial statement, witness E's legal statement, photographic part among the report on detection of 3.21g g of marijuana using international letter-post items in the South African Republic, analysis result, etc., a person whose name is not known shall put about 3.21g of marijuana into a letter-post bag on June 2014, and the addressee shall be stated as "A", "A", "5th FL, C, and Jno-gu" on the outer side of the envelope.

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