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(영문) 인천지방법원 2019.09.19 2019고합518
마약류관리에관한법률위반(대마)
Text

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. Violation of the Act on the Control of Narcotics, etc. due to smoking in marijuana;

A. The Defendant, around June 2019, smoked marijuana by inserting it into a lodging place located in California, California, Luxembourg, Inc., and then inserting it into a inhaled machine, thereby flying it into a smoke generated by heating the hemp machine.

B. On June 2019, the Defendant smoked marijuana by the same way as the statement in the instant accommodation, around the same time as the statement in paragraph (a).

C. The Defendant smoked marijuana in the above accommodation around June 2019 and in the same manner as described in paragraph (a).

2. Around 12:30 on June 23, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) due to the import of hemp, etc. (e.g., marijuana) divided three plastic liquor engines within a travel space at the State of California, California, California, and the International Airport of the Republic of Korea, into three plastic liquor engines within a travel space, and concealed it, after boarding the Luxembourg Ab Angeles on June 24, 2019, and arriving at the secondary passenger terminal of Incheon International Airport 272 at the Jung-gu Incheon International Airport around 18:08.

Accordingly, the Defendant imported marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of customs clearance;

1. Records of seizure and the list of seizure;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to immigration status of a suspect, reply to the results of the analysis of narcotics, and calculation of additional

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 (Aggravation of concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc. (referring to the aggravation of concurrent crimes with the punishment provided for in

1. Article 53 of the Criminal Act for mitigation of a small amount;

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