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(영문) 울산지방법원 2018.05.18 2018고합88
마약류관리에관한법률위반(마약)등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 through 5 (excluding the portion of each appraisal and consumption) shall be confiscated.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 13:00 on April 6, 2018, the Defendant, at the Defendant’s home located in the country where the Chinese injured civil traffic was committed, smoked in the manner of a frien mal called “frien s” method, which promptly inhales the smoke, by inserting approximately 0.5gg of marijuana on the gambling place at the Defendant’s home.

2. On April 6, 2018, the Defendant, at around 16:05, imported approximately 3.56g of the cocar, a drug, at an international port of the Hong Kong (hereinafter referred to as “the Hong Kong”), in the face of the Defendant’s panty, on board the injured aviation E by hiding it into the Defendant’s panty, and then imported it in a way that, around 20:20 of the same day, at around 20:20, the Defendant arrived at the Gangseo-gu Seoul Metropolitan Government Kimpo Airport and passed through

Summary of Evidence

1. Statement by the defendant in court;

1. To apply Acts and subordinate statutes to the seizure protocol, each investigation report, and narcotics appraisal report;

1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc. (the point of smoking marijuana, the choice of imprisonment), Article 58 (1) 1, Article 4 (1) 1, and subparagraph 2 (d) of Article 2 of the Narcotics Control Act (the point of importing coaches and the choice of imprisonment with prison labor for a limited term) on criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the above two crimes);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (Standards for 3,00 won in the market price of smoking once in marijuana as indicated in the holding);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from June to June 17 months;

2. Application of the sentencing criteria;

(a) Crimes of Violation of the Act on the Control of Narcotics, Etc. (Determination of Type) due to Ccarin Import [The scope of recommended punishment] that there is no 3 types of narcotics (narcotics, f.a., f., f., and b., f., etc.] (Special Sentencing) (the scope of recommended punishment).

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