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(영문) 울산지방법원 2017.12.22 2017고합357
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

Defendant is not a narcotics handler.

1. On October 17, 2017, the Defendant imported marijuana: (a) concealed it in an international postal item containing approximately 9.71 g of marijuana drinking water and good faith; (b) entered it into and sent to the sender A; (c) the sender’s phone number D; (d) Ulsin Ulgoon Eoneom; and (e) the number of hand phone numbers; and (d) imported marijuana by having the said international postal item reached the Incheon International Public Port on October 19, 2017.

2. On October 26, 2017, the Defendant smoked in the Defendant’s house of Ulsan-gun E 502, Ulsan-gun, a Ulsan-gun, and smoked in the way of smoking in a way that the Defendant smokes by attaching a horse to the string of the math (on a one-time smoking volume) the math in the math of marijuana.

3. The Defendant carrying marijuana was in possession of approximately 0.23g of marijuana at the same place as the above 2.3m.

Summary of Evidence

1. Statement by the defendant in court;

1. Responses to the results of the analysis, and replys to each request for appraisal;

1. Seizure records;

1. Photographs of international postal items, arrest site, etc.;

1. Application of Acts and subordinate statutes to a report on detection and a report on investigation (calculated additional collection charges);

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

Smoking points, imprisonment, etc.) Articles 61(1)6 and 4(1)2(b) of the Narcotics Control Act

in possession, the choice of imprisonment

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes to the extent that the punishment is aggregated with the punishment for a violation of the Act on the Control of Narcotics, etc. Due to the Import of Cannabis, the largest punishment for which is applicable, and the punishment for each of the above 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 67 of the Act on the Management of Confiscated Narcotics, Etc.

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