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(영문) 인천지방법원 2019.05.16 2019고합158
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

1. On February 4, 2019, the Defendant smoked marijuana by inserting it into the Defendant’s electronic tobacco inhalers and then again smoked in the same manner at the same place after about 30 minutes, where it is difficult for the Defendant to know the trade name in Canada Cuker around night (on-site hours).

2. On February 5, 2019, at around 13:05, the Defendant: (a) deposited eight marijuana mileage in an international port of Canadian Cuker International Airport located in the Jung-gu Incheon International Airport on February 19, 2019; and (b) deposited eight marijuana mileage in a travel bag; and (c) boarded B Company C with baggage; and (d) entered Korea via a second passenger terminal of Incheon International Airport located in Jung-gu Incheon International Airport as an airport, Jung-gu, Incheon. 272 on February 6, 2019.

Accordingly, the defendant imported marijuana from Canada to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the detection of marijuana mileage by the air operator of the scoo-mint engine;

1. Written confirmation of the inspection of urinals and simplified drugs, and written response to the results of analysis;

1. A report on seizure and a written appraisal of narcotics;

1. Application of Acts and subordinate statutes to report on investigation ( obtaining criminal information and detection of suspects);

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the import of marijuana

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution has been repeated under the favorable circumstances among the reasons for sentencing under Article 62(1) of the Criminal Act.

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