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(영문) 인천지방법원 2013.12.06 2013고합675
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

The defendant is not a person handling narcotics.

1. Around 20:00 on October 16, 2013, the Defendant: (a) smoked a tobacco smoke in D, a Russian vessel located in the Russia C of Busan, and then smokeed in a manner of cutting off the smoke by inserting approximately 0.5g of the mash balance, which is the mash resin, into the mash; and (b) inserting a smoke by inserting the smoke.

2. Around 08:45 on October 17, 2013, the Defendant attempted to export the hings by concealing the hings of the Incheon International Airport in the Jung-gu Incheon International Airport in the territory of Jung-gu, Incheon, and boarding the aircraft and leaving the aircraft to the Republic of Korea in a manner of leaving the aircraft, and leaving the aircraft to the Republic of Korea. However, the Defendant attempted to export the hings of the hings of the hings of the hings of the hings of the hings of the hings of the hings, but

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection;

1. Request for the analysis of ingredients, report on results, a simple test of reagents, and the result of appraisal;

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

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and Selection of Punishment for Criminal Facts, Article 58 (3) and Article 58 (1) 5 of the Narcotics Control Act, and Article 3 subparagraph 7 (Selection of Imprisonment, etc.) of the Act on the Management of Narcotics, Etc.;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments of the crimes of violation of the Narcotics Control Act due to Attempted Smuggling Export with heavy punishment, referring to concurrent crimes as provided for in the former part of Article 37 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 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 crime of this case committed by the defendant for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation of the amount of additional collection: the amount of 40,000 won (the investigation record 69-1 pages) of the Act on the Control of Narcotics, etc. shall be considered when considering the social harm and injury inflicted by marijuana

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