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(영문) 수원지방법원 안양지원 2018.04.20 2017고합221
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for two years.

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

[criminal history] On July 21, 2017, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Incheon District Court, and five years of suspended execution, and the judgment became final and conclusive on July 29, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. The Defendant importing marijuana shall send the hemp error to the “E”, who is a book for the sale of marijuana, using the instant smartphone Messenger at the Defendant’s home, heading 101 Dong-dong 902, around May 22, 2017, via the Defendant’s house, at the Defendant’s house, to “E”, a book for the sale of marijuana.

Then, “E” sent 295,000 won to the bank account known to “E” and sent 295,000 won to the Republic of Korea as an international unique invoice, and the ma sent approximately approximately 68.5g of the marith to the Republic of Korea, and the math of the marith, around May 26, 2017, arrived at the airport of Jung-gu Incheon, Jung-gu, Incheon, Incheon, 426-ro 47 Incheon International Airport (KF).

Accordingly, the defendant imported marijuana.

2. Intake marijuana;

A. On April 2017, the Defendant, who committed the crime of Habman, was ingested by taking approximately 0.3g of 0.3g from the Defendant’s house to the Habman on April 2017.

B. On May 2017, the Defendant, while committing the crime, taken in the middle of May 2017 by taking approximately 0.3g of marijuana from the Defendant’s house to the Defendant’s house during the middle of May 2017.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Seizure records;

1. Information acquisition report (exploitation of 68.5g a U.S. hemp);

1. Reporting on the detection of the Incheon Customs Office, a request for an analysis of ingredients of suspected goods of narcotics by the Incheon Customs Office, a response to the results of analysis of narcotics by the Incheon Customs Office, and notification

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same type of previous convictions and judgment);

1. Article 58 (1) 5 of the relevant Act and Article 58 (1) 7 of the Act on the Selection and Management of Narcotics, Etc. (the import of marijuana and the choice of imprisonment with prison labor), Article 61 (1) 4 (a), and Article 3 (10) 10 (a) of the Narcotics Control Act (the point of taking marijuana and the choice of imprisonment with prison labor) concerning criminal facts;

1. The treatment of concurrent crimes and legal mitigation;

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