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(영문) 제주지방법원 2019.10.10 2019고합142
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

The defendant is a foreigner of U.S. nationality who is currently serving as a kindergarten teacher in the B building at Seopopopo City B.

1. Around August 2018, the Defendant: (a) around August 2018, the Defendant smokeed marijuana in a way that connects the carartage containing a large quantity of hemp ingredients sent to the Republic of Korea by the Defendant’s friendship in the above B building C to an electronic tobacco pipe; and (b) from that time, up to November of the same year, the Defendant smoked marijuana two times each by the same method, from that time, up to August of the same year.

2. On December 19, 2018, the Defendant: (a) purchased four cart storages (influor amount) containing marijuana ingredients in 35 to 40 dollars per unit; (b) stored four cart storages in a small box at around 26th of the same month at a shot line along with ordinary goods; (c) concealed the boxes in a way of packing them together with ordinary goods; and (d) sent the boxes to the above B building at the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s workplace by using the United States Postal Service to the B building at the Defendant’s workplace by sending them to the Defendant’s workplace via the United States Postal Service at around 15:30 of the same month, Jung-gu Incheon, Incheon, 426-ro Incheon National Airport at the 426th of the same month.

Accordingly, the defendant imported four marijuana carpages.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the details of detection, a statement of results of analysis, and a written report of each appraisal;

1. Investigation report (voluntary conduct after controlled delivery), investigation report (report on calculation of the amount of additional collection);

1. Application of each seizure protocol and list statutes;

1. Article 58 (1) 5 of the relevant Act and Articles 3 and 7 of the Act on the Selection and Management of Narcotics, Etc. (the import of marijuana and the choice of limited imprisonment), Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment, respectively);

1. The punishment of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is more severe, shall accrue from the import of marijuana;

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