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(영문) 인천지방법원 2019.05.28 2019고합154
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

1. On January 21, 2019, at the hotel parking lot where the trade name in the U.S. Liber gas is unknown, the Defendant smoked marijuana by means of inserting marijuana mileage into the electronic tobacco inhalers and pressing it by spraying it into the electronic tobacco inhalers.

2. On January 24, 2019, at around 10:50, the Defendant: (a) placed eight marijuana mileage in an international air port at Luxembourg Angegeles International Airport located at Luxembourg Angeles, along with a inhalers, etc., and deposited it in a travel bag with the inhalers, etc.; and (b) deposited it into the B aircraft via the Incheon International Airport No. 2 passenger terminal located at 272, Jung-gu, Incheon, Jung-gu, Incheon, on January 25, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A letter of the inspection on the modification of simplified reagents, each narcotics appraisal report;

1. The application of seizure records, analysis result reports, and individual immigration Acts and subordinate statutes;

1. The point of smoking marijuana for criminal facts: Article 61(1)4 of the Narcotics Control Act

Sub-paragraph 10 A of Article 3, Article 3

Importation of marijuana: Article 58(1)5 of the Narcotics Control Act, and Article 3 Subparag. 7 of the Act on the Control of Narcotics, Etc.

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of the sum of the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the import of marijuana with heavy punishment);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years to six months from June 2, 17;

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