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(영문) 인천지방법원 2013.04.05 2013고합102
마약류관리에관한법률위반(대마)
Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendants are not importers of narcotics.

1. On January 1, 2013, Defendants A agreed to receive marijuana from F, a Canadian resident, who was a Canadian police officer, and Defendant B decided to receive it for Defendant A in case where the international express transmission cargo concealed in the said marijuana was brought into Korea.

On January 2013, 2013, the FF divided approximately 269.46g of marijuana in Canada into four babababags, and concealed it in the packaging of toy finished products, and then the recipient entered it as “G” and the recipient’s address as “H” and sent it to the Republic of Korea using international special grade mail.

UPS 064 on which the above international express postal item was loaded, arrived at the Incheon National Port on January 20, 2013, and Defendant B received the said postal item at Daejeon-gu, Daejeon-gu, on January 22, 2013.

As a result, the Defendants conspired to import the said hemp 269.46g.

2. At around 18:00 on January 20, 2013, Defendant A created marijuana tobacco using approximately 0.5g of hemp in the emergency exit in Gwangjin-gu Seoul Special Metropolitan City (Seoul), and smoked by attaching it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each report on investigation;

1. Each request for appraisal, each report on appraisal and additional report on appraisal;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 58(1)5 and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (the point of import of marijuana, the choice of limited imprisonment), Article 61(1)4 (a), and Article 3 subparag. 10 of the Narcotics Control Act (the point of smoking marijuana and the choice of imprisonment);

(b) Defendant B: Articles 58(1)5 and 3 subparag. 7 of the Narcotics Control Act, and Article 30 of the Criminal Act (the point of import of marijuana and the choice of limited imprisonment)

1. Of concurrent crimes, with respect to Defendant A under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the punishment for Defendant A is more severe for import of marijuana;

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