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(영문) 인천지방법원 2018.11.02 2018고합564
마약류관리에관한법률위반(대마)등
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

1. Smoking marijuana;

A. On March 17, 2018, the Defendant: (a) around night, at the E-dong D’s house located in New York around the night; (b) attached approximately 0.2g of hemp as a hemp paper, and smoked in a way that they smoked in a way that they smoked by attaching approximately 0.2g of hemp as a hemp paper.

B. On March 26, 2018, around 22:00, the Defendant, along with the foregoing D’s house, D, etc., smoked by attaching approximately 0.2g of hemp as a marier for marijuana, to the mariter for marijuana.

Accordingly, the Defendant smoked marijuana twice.

2. On March 27, 2018, the Defendant: (a) concealed four marijuana Katdo (a total of approximately 43.7g) containing marijuana ingredients in New York in the U.S.; and (b) carried the said bags in the Defendant’s white cover; and (c) carried the said bags in around 00:50 on the same day; (b) was on board at an international port of the Edididididididi of New York on March 28, 2018 and arrived at a 2 passenger terminal of the Incheon International Airport located in Jung-gu Incheon, Jung-gu, Incheon.

Accordingly, even if the Defendant is not a narcotics handler, it was imported in the Republic of Korea in the way of smuggling 4 (a total weight of approximately 43.7g) and stroke 7 (a local mental medicine).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure (maririage mileages, etc.);

1. As a result of the analysis, a response to a request for appraisal (a circular marijuana-codity);

1. Investigation report (calculated on a surcharge and smoking in marijuana);

1. Report on detection of the Incheon Airport Customs Office;

1. A copy of the detection photograph, the status of entry and departure of each individual, and the application of statutes on June 2018;

1. Articles 61(1)4(a) and 3 subparag. 10 (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply) concerning criminal facts, Articles 61(1)5 and 3 subparag. 7 (1) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Sept. 14, 2018); Articles 58(1)5 and 3 subparag. 7 (the point of import of marijuana) of the former Act on the Control of Narcotics, etc.; Article 60(1) of the former Act on the Control of Narcotics, Etc.

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