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(영문) 인천지방법원 2013.05.15 2013고합227
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

The defendant is not a person handling narcotics.

1. Around January 24, 2013, the Defendant: (a) concealed approximately 8g of marijuana in a transparent plastic bag in the United States; (b) sealed it into an international parcel-post package; and (c) entered the addressee’s “E (F)” and the place of receipt in Gyeonggi-do, and sent it to the Plaintiff.

After all, the items concealed by marijuana, as above, arrive at the Incheon National Port located in Jung-gu Incheon National Port on January 26, 2013, around 12:10 UPS 5X) 026.

Accordingly, the Defendant imported approximately 8g of marijuana.

2. Smoking marijuana;

A. On January 1, 2013, the Defendant smoked marijuana in a way that, at the parking lot for a public practice room in the U.S. LAH, the Defendant spaws together with the Korean Spawn, “I,” and, at the same time, smoked from the paper of the tobacco containing approximately 0.5g of marijuana by attaching it to the paper of the tobacco.

B. On January 20, 2013, the Defendant, at the U.S. LAJ Diplomatic Conference, smoked marijuana in a way that, while carrying the Defendant’s Posing to Mascar, the Korean Mascar, “K,” carrying the Defendant’s Posium on the Defendant’s Posium and moving the Mascar to Mascar, along with the above Mascar, returned to the Republic of Korea, and attached a fire to the tobacco paper containing approximately 0.5 g of marijuana.

C. Around January 29, 2013, the Defendant smoked marijuana in a tobacco pipe containing approximately 1g of marijuana by attaching a fire to the pipe of tobacco in the U.S. LA car or parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of M by prosecutors;

1. Reporting on the detection of marijuana;

1. As a result of the analysis, response to requests for appraisal;

1. Application of Acts and subordinate statutes on seizure records;

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. concerning criminal facts (the importation of marijuana and the choice of limited imprisonment), Article 61 (1) 4 (a) and Article 31 (10) 10 of the Act on the Control of Narcotics, etc. (the occupation of smoking marijuana and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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