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(영문) 인천지방법원 2018.07.19 2018고합375
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 14, 2018, at around 00:00 (on-site view) the Defendant smoked marijuana in a way of smoking through smoking implements, where the hemp mileage was dried by placing it in an electronic cigarette and heating it into an electronic cigarette at D University dormitory located in the New York of the United States of America.

2. At around 14:00 on May 15, 2018, the Defendant, at the New York International Airport located in the New York (on a local level), imported lsd 10 (No. 2) and 3 marijuana cart storages (including No. 1 and containers, approximately 44.82ggs), while carrying in Korea’s air E, after having loaded ls and ma, which is a native mental medicine, concealed in the AFK package in the AFK package, which is located in the AFK package, and imported ls and ma by entering the 272 passenger terminal of the Incheon International Airport located in the Jung-gu Incheon International Airport as of May 16, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of Class 1, including lsD, by each individual, and investigation report (calculated of a surcharge);

1. Written response to the results of the analysis, narcotics appraisal report;

1. Application of statutes on seizure records by prosecution;

1. Article 61(1)4 (a) and Article 3 subparag. 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. under the relevant Act on the Prevention of Narcotics, Etc. (the point of smoking marijuana), Article 58(1)3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) (SD import) of the Act on the Control of Narcotics, etc., Article 58(1)5 and Article 3 subparag. 7 (the point of importing marijuana import) of the Act on the Control of Narcotics, etc.;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Act on the Control of Narcotics, Etc. and a violation of the Act on the Control of Narcotics, etc. from Import of marijuana, and a punishment imposed on a violation of the Act on the Control of Narcotics, etc., of which the nature of the crime is heavier);

1. Imprisonment with prison labor for an organic crime against a violation of the Act on the Management of Narcotics, Etc., in the choice of punishment, and choice of imprisonment with prison labor for a violation of the Narcotics Control Act;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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