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(영문) 대구지방법원 2020.01.10 2019고합428
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 not a person handling narcotics.

1. Smoking marijuana;

A. On March 2019, the Defendant, at the waiting room of a club located in New York, in the middle of the New York (hereinafter “D”), smoked marijuana in a way that, in turn, the Defendant was fluored by fluoring tobacco containing the fluoral volume of marijuana by attaching it to the tobacco in which the fluorous volume of marijuana was fluored.

B. On April 2019, the Defendant was on the top of the first half wall warning.

In the place of port, the hemp knife could be connected to the electronic tobacco apparatus and smoked in the way of smoking.

2. On May 1, 2019, the Defendant imported marijuana: (a) entered in the supply port of Johnbndi (S.) at the New York’s city of New York; (b) clicking one marijuana cart storage store into the E aircraft; and (c) entered the Incheon International Airport’s 272 passenger terminal at the Jung-gu Incheon International Airport around May 18, 2019.

Accordingly, the defendant imported marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. A customs declaration and a letter of approval from an inspection for the modification of simplified reagents;

1. Each investigation report (A as a result of the testing of minor summary reagents, attachment of a response to a customs appraisal result, additional confirmation related to the smoking of the suspect marijuana, and calculation of a suspect A surcharge);

1. Requests for appraisal, reports on requests for appraisal, and reports on requests for appraisal;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana or the choice of imprisonment with prison labor), Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, Etc. (the point of importing marijuana and the choice of limited imprisonment with prison labor) on criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of each of the above crimes)

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.

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