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(영문) 서울중앙지방법원 2017.03.17 2016고합1377
마약류관리에관한법률위반(대마)등
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

Defendant is not a narcotics handler.

1. Smoking marijuana;

A. On July 14, 2016, at around 23:00, the Defendant: (a) attached the Defendant’s friendship for smoking once at the Defendant’s native C’s house located in the Netherlands cancer stesen; and (b) smoked the marijuana in a way of drinking the smoke.

B. On August 14, 2016, at around 14:00, the Defendant: (a) posted a tobacco for smoking once in the instant coffee shop in the Netherlands cancer stez; and (b) smokeed in a way that embling the smoke.

2. On September 2016, the Defendant: (a) had E, located in the Netherlands on early September 1, 2016, concealed approximately 29.6g of marijuana in the Netherlands; and (b) lsD 4 in the international mail; and (c) had the recipient “A”, “the place of receipt”, “Seoul Gangnam-gu Seoul, Gangnam-gu, Seoul, 303, and thereafter, arrive at the Incheon International Port located in the Jung-gu Incheon International Port on September 12, 2016, and then the Defendant imported marijuana and ls, respectively, by receiving the said international mail from the Gangnam-gu Seoul, Seoul F and 303 around September 10, 2016.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Seizure records;

1. Report on detection and response to results of analysis;

1. Notification of the status of each individual's entry into or departure from the Republic of Korea and the result of legal chemical appraisal (here, marijuana-salivity

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach conversationss with H mail);

1. Article 61(1)4(a), Article 3 subparag. 10(a) of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of each imprisonment), Article 58(1)3, Article 3 subparag. 5, and Article 2 subparag. 3(a) of the Narcotics Control Act (the point of the import of lsD and the choice of abandonment of lsD), Article 58(1)5 of the Narcotics Control Act, Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016).

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