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(영문) 인천지방법원 2017.08.23 2017고합126
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

3,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal record] On October 1, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on March 1, 2013 and completed the execution of the sentence on August 2, 2016.

[Criminal facts]

1. 2017, 126;

(a) No public official or academic researcher handling narcotics, etc. for import of marijuana shall export, import, manufacture, trade, or assist in the trade of marijuana, except for the approval of the Minister of Food and Drug Safety, as prescribed by Presidential Decree;

Nevertheless, on December 18, 2016, the Defendant purchased 2 marijuana equivalent to 3,000 won from females in the name of the non-speak at a mutually unspeak restaurant located in China for danger and injury, concealed it in the cigarette, and entered the Republic of Korea with the above marijuana around December 24, 2016.

As such, the Defendant imported marijuana even though he was not a public official dealing with narcotics in official duties and did not obtain approval from the Minister of Food and Drug Safety.

(b) No person who smokes marijuana shall smoke or take in marijuana or marijuana seed coats;

Nevertheless, around February 16, 2017, the Defendant smoked in the way of smoking one marijuana, which is flaping in the paper of imported tobacco as above, as in the above Item A, in the south-gu Incheon Metropolitan City C lending.

(c)

No person in possession of marijuana shall carry marijuana, its seeds, or its seed coats for the purpose of smoking or taking in marijuana or its seed coats.

Nevertheless, on February 23, 2017, the Defendant imported from the Nam-gu Incheon Metropolitan City, Seoul, as Paragraph A, the same as Paragraph (b) and possessed one marijuana remaining after smoking as Paragraph (b).

2. Around November 27, 2016, 2017 high-level 398 Defendant D, who is his/her seat, becomes an issue of cost in the “G” singing room operated by the victim F (51 tax) in Nam-gu Incheon Metropolitan City, Nam-gu.

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