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(영문) 서울중앙지방법원 2019.06.21 2019고합327
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

Even if the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. Where a public prosecutor of the smoking of marijuana seeks the Defendant’s collection of KRW 3,00 per time on the smoking part of marijuana, but it is impossible to specify the quantity of marijuana subject to the collection, he/she may not order the Defendant to collect the additional collection (see, e.g., Supreme Court Decision 2016Do16170, Dec. 15, 2016). This part of the facts charged also does not include the quantity of marijuana smoke smoked by the Defendant, and thus, the Defendant’s additional collection is not ordered in relation to the smoking part of marijuana smoked by the Defendant.

On February 4, 2019, at the vicinity of the B hotel located at the night in the U.S., the Defendant smoked marijuana in a way that the inhales of the inhalers containing marijuana mileage, and the smoke occurred by heating it.

B. On February 8, 2019, the Defendant smoked marijuana in a car parked in front of the said hotel at night by heating the hemp mileage in the said manner.

2. At around 10:50 on February 9, 2019, the Defendant imported marijuana: (a) deposited seven marijuana mileage (including a total of 108.48gg, a container) and approximately 8.08g of marijuana in a portable household and a travel household, respectively, and entered the Republic of Korea via a second passenger terminal of the Incheon International Airport located at an airport in Jung-gu Incheon, Jung-gu, Incheon, on February 17, 2019.

Accordingly, the Defendant imported marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (the receipt of information on a crime and arrest of a suspect), investigation report (related to the content of THC ingredients in the hemp car store);

1. The report on detection by the Incheon Airport Customs, the certificate of small-scale reagents (ACCUSIGN), the photographic results of simplified reagents inspection, the travel report of travelers' personal effects, the immigration status of individuals, and thekchroin seal.

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