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(영문) 인천지방법원 2018.12.21 2018고합684

마약류관리에관한법률위반(대마)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence Nos. 1 through 20 (Evidence Nos. 1 through 20 of the total list of seized articles).

Reasons

Punishment of the crime

On October 5, 2018, the Defendant would offer USD 5,000 in return for the carriage of marijuana to the Republic of Korea from a person in secret name in New York of the United States.

“The proposal was received and accepted.”

그런 다음 피고인은 2018. 10. 10. 경 미 합중국 뉴욕주 퀸즈시에 있는 피고인의 집 앞에서 또 다른 성명 불상 자로부터 대마 약 2,253.4g 을 진공포장한 비닐 팩 20개가 들어 있는 신발 10켤레를 포장한 여행용 가방 2개를 전달 받았다.

In addition, around 11:00 on October 11, 2018, the Defendant boarded B aircraft with two bags for the above travel at the JFK International Airport located in New York of the United States, and arrived at the first passenger terminal of Incheon International Airport No. 1 in Jung-gu Incheon International Airport No. 272 on October 12, 2018.

Accordingly, the defendant imported approximately 2,253.4g of hemp from the United States to the Republic of Korea, although he is not a person dealing with narcotics in collusion with the non-person in charge of narcotics.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (acquisition of criminal information, arrest report, and photographics of concealment of marijuana);

1. Seizure records;

1. Written response to the results of the analysis;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Selection of Narcotics, etc., and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Aggravation factors (special sentencing factors) of types 2 (mariju, fac, etc.) (special sentencing factors): Systematic or professional crimes [the scope of recommending punishment] increased area: Three years to six years.

3. Narcotics crimes that are determined to be sentenced are not only easy to detect in light of their characteristics but also high risk of recidivism.