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(영문) 서울중앙지방법원 2016.09.09 2016고합696
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a U.S. citizen, treated marijuana as follows, although he is not a handler of narcotics.

1. Import of marijuana resin;

A. On July 2, 2016, the Defendant: (a) concealed three grams of marijuana resin purchased in California, the Republic of Korea (U.S.) around July 2, 2016, along with shower goods, in a double vinyl bags for travel; and (b) entered the Incheon International Airport of the Republic of Korea around July 5, 2016, by boarding an aircraft departing from the U.S. LA airport on July 4, 2016.

Accordingly, the Defendant imported approximately three grams of hemp resin in the United States to Korea.

B. On July 3, 2016, the Defendant concealed approximately 4.06 g of hemp resin in California, California, Inc. in B, and sent it in disguisedly to international unique transport cargo (a consignor “F,” an addressee “G,” and the addressee’s address “Seoul Seocho-gu H Apartment 104, 904,” and the Defendant sent it to the International Airport of Incheon International Airport on July 6, 2016.

Accordingly, the Defendant imported approximately 4.06g of hemp resin in the United States.

2. Smoking in marijuana resin;

A. On July 9, 2016, the Defendant smoked with the ma of hemp resin in the Defendant’s residence of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government H Apartment 104 Dong 904, by using an electronic tobacco smoking machine.

B. On July 10, 2016, the Defendant smoked by using an electronic cigarette smoking machine in his residence of the Defendant around the o’s o’clock.

3. On July 11, 2016, the Defendant stored approximately 2.66g of the hemp resin in a plastic box with a view to smoking in the dwelling space of the above Defendant at around 19:22, the Defendant kept it in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of marijuana resin 4.06g, using unique international cargo of the United States;

1. Investigation report (Attachment of a survey photograph of materials presumed to be marijuana balance), investigation report (Attachment of seized materials);

1. Each protocol of seizure;

1. Responses to the results of the analysis;

1. Written 1. Date of the small riverine summary inspection.

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