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(영문) 대구지방법원 2020.01.10 2019고합440
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 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. On April 2019, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) due to the smoking of marijuana, in an apartment building within the trade in the Korea-U.S. California, California, Luxembourg, and then smoked marijuana by inserting it into the electronic tobacco apparatus, with the smoked.

2. Around April 30, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) due to the import of hemp, etc. (mariju) entered one marijuana car storage store in a travel log, boarded into a passenger terminal of the Incheon International Airport located in the Jung-gu Incheon International Airport, Jung-gu, Incheon, on May 20, 2019, after boarding the passenger flag of the B company starting from the LA port located in California in California.

Accordingly, the defendant imported one marijuana car knife.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attached materials Nos. 2, 9, 13, 15, 22, 24, and attached materials);

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

1. The aggravated punishment of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the aggravated punishment of concurrent crimes within the scope of adding up the long-term punishment of the crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc

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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of a surcharge) of the Act on the Management of Narcotics, Etc. Smoking marijus once, based on the monthly trend of

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