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(영문) 인천지방법원 2019.06.13 2019고합203
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

1. Smoking marijuana;

A. At around 02:00 on March 18, 2019, the Defendant smoked marijuana once in a manner that inhales the smoke by attaching approximately 0.5g of the hemp to a paper-to-ro, in the Defendant’s dwelling route near the Defendant’s dwelling route in New York City B.

B. At around 03:00 on March 18, 2019, the Defendant smoked marijuana once in a way that connects marijuana to the electronic tobacco exhauster, and smokes through the inhalers in which the smoke is inhaled, as the Defendant smokes.

2. On March 1, 2019, the Defendant: (a) purchased six marijuana mileages from a U.S. person in a name in the name in New York’s street; (b) received approximately KRW 27.6g of hemps from his/her native “D” at the residence described in paragraph (a) around March 22, 2019.

The Defendant stored approximately 27.6 g of the above hemp in the white ray, concealed it in the white ray, sealed 6 marijuana carpers into other e-mail mats, and concealed it in the bags for travel.

On March 18, 2019, the Defendant boarded the New York JFK Airport at around 13:0 (Local Time) around 18:0, and arrived at the first passenger terminal of Incheon International Airport at around March 19, 2019, with a bank for the above white factoring and travel.

Accordingly, even though the defendant is not a person handling narcotics, the defendant imported marijuana to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect against the accused by the prosecution (Evidence No. 17);

1. A report on investigation (exploiting circumstances and commencement of an investigation) and a report on detection of customs preparation (Evidence List Nos 1, 2);

1. Requests for appraisal, and reports on the results of customs analysis (Evidence Nos. 23,30);

1. Application of Acts and subordinate statutes to the issuance of the list of seizure and the protocol of seizure (Evidence Nos. 13 and 14);

1. Relevant Articles of the Criminal Act and selective narcotics, etc.;

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