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(영문) 수원지방법원 평택지원 2019.08.23 2019고합77
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 was a person subject to the Korea-U.S. Administrative Agreement (SOFA) as an employee of the 'B' company that entered into a contract with the Defendant for national defense and contract. However, on April 19, 2019, the Defendant was a person who lost the status as a person subject to the Korea-U.S. Administrative Agreement upon termination of the contract with the said company.

1. The importing Defendant of marijuana, along with a workplace club C, shall import 50 marijuana mileages to smoke together. The Defendant prepared USD 562.5, and USD 562.5, respectively, and prepared USD 1,125 in total, and the Defendant sent the said USD 1,125 to the Defendant’s three village D around March 5, 2019, and imported 50 marijuana mileages to the U.S. military item, which arrive at the port of supply of Incheon, around March 15:02, 2019.

Accordingly, the Defendant imported marijuana in collusion with C.

2. Smoking marijuana;

A. On August 12, 2018, at around 14:29, the Defendant smoked marijuana by linking it to an electronic pipe, with the marijuana mileage containing marijuana ingredients, from the Pyeongtaek-si F building, and the Defendant’s residential toilet at the Defendant’s residence.

B. On March 17, 2019, the Defendant was above C around 17:00.

At the same place as Paragraph 1, marijuana containing marijuana ingredients were smoked by connecting it to the electronic pipe by the method of smoking the steam.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (the commencement of an investigation upon a request for investigation) and accompanying materials;

1. Seizure records;

1. Investigation reports ( Results of execution of a warrant of search and seizure), investigation reports (in cases of attaching a suspect's mail receipt), investigation reports (in cases of confirming the identity of a suspect and attaching a passport), investigation reports (in cases of voluntary submission, such as additional marijuana mileages), and accompanying materials;

1. Each request for appraisal;

1. Investigation report (Attachment of suspect SOFA identification-related documents), investigation report (verification of suspect's loss of status under the administrative agreement), and accompanying materials;

1. Analysis of A's cell phone digital siren data;

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