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(영문) 서울중앙지방법원 2020.10.23 2020고합746
마약류관리에관한법률위반(대마)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated the marijuana as follows:

On May 10, 2020, the Defendant, in collusion with B residing in the United States of America, shall import marijuana into the Republic of Korea. The Defendant informed the recipient and the purpose of the hemp to B, and the Defendant sent nine marijuana mileage 9 (including a total of 129.17g and skins) to the recipient box, etc., and concealed it in the mail box box with the recipient box, etc., the Defendant sent “A”, “C” and “C” to the recipient column, “C” and “E” to the recipient column, and sent it to the Incheon Port on June 10, 2020, at around 09:49 (on-site of the United States) in the International S. S. S. S. S. Sister International Port, the mail arrives at the Incheon Port in the Incheon Port on June 12:35, 2020.

Accordingly, in collusion with B, the Defendant imported 9 points from the Republic of Korea in the United States.

B. Around April 2020, the Defendant taken marijuana by inserting one hemp at the residence of the Gangnam-gu Seoul Metropolitan Government D building and the Defendant’s residence.

Accordingly, the Defendant taken marijuana, which is a narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. The application of Acts and subordinate statutes to the report on the results of analysis, the report on the results of legal evaluation (including attached documents);

1. Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc. (the occupation of marijuana import and the choice of limited imprisonment) on criminal facts, and Article 61 (1) 4 (a) and Article 3 and subparagraph 10 (a) (the occupation of marijuana and the choice of imprisonment) on the Control of Narcotics, etc.;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishment for a violation of the Act on the Control of Narcotics, etc. (mathal) by imports of heavy marijuana)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are favorable.

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