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(영문) 대구지방법원 2013.12.18 2013고합498

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

From February 2009, the Defendant is not a person treating narcotics as a U.S. resident residing in Korea as a foreign instructor.

On September 12, 2013, the Defendant was sent from the Netherlands and arrived at the Incheon International Postal Service (MH) at around 07:10 on September 12, 2013, imported marijuana closely by allowing approximately 3.89g of marijuana and approximately 4.07g of marijuana resin to pass through the search site at the International Airport Postal Service Center of Incheon International Airport.

Summary of Evidence

1. Defendant's legal statement;

1. Commencement of the investigation related to the cooperation instruction;

1. Investigation report (execution of a search and seizure, hearing of a suspect's statement, verification of information related to seized articles (Tacoper) and confirmation and attachment of cellular phone details used by a suspect);

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

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Sentencing guidelines for the offense of violating the Act on the Control of Narcotics, etc. (the determination of types) (the act of exporting, importing, manufacturing, etc. of narcotics);

Sub- [Determination of the Recommendation Field] Basic Field [Scope of Recommendation] Imprisonment for 2 years to 4 years [General Duals] - Reduction element: No history of criminal punishment

(b) Scope of the revised recommendation: Imprisonment with prison labor of two years and six months to four years (in consideration of the lower limit of the applicable sentencing); and

(c) the criteria for suspension of execution [main reasons for suspension] positive - None of criminal punishment (general reasons for writing] - positive reflections;

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and three years of suspended sentence; and