마약류관리에관한법률위반(대마)
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 four years from the date this judgment becomes final and conclusive.
Criminal facts
Although the Defendant is not a person handling narcotics, around January 2013, asked C to send marijuana by Internet e-mail to C, which is located in Canada, and C received the said marijuana from the Kim Sea Terminal Cargo Office located in Kimhae-si, Kimhae-si, 1264, around 19:30 on February 20, 2013.
Accordingly, the Defendant, in collusion with C, imported approximately 27.39g of marijuana.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Records of seizure by public prosecutor;
1. According to the list of narcotics as a result of the analysis of narcotics, it is stated as a result of the analysis of narcotics, but it seems that it is a clerical error in the results
Application of Statutes
1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Protection of Narcotics, etc., and Article 30 of the Criminal Act concerning criminal facts;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics.
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Application of the sentencing criteria [Determination of types]. Narcotics; export and import or manufacture of narcotics;
(1) mariju (a decision on the recommended area) basic area of marijuana [a decision on the recommended area] [a decision on the recommended area] 2 years and 6 months to 4 years (a minimum of the sentencing guidelines set forth in the sentencing guidelines is less than 2 years and 6 months since the minimum of the sentencing guidelines set forth in the sentencing guidelines is less than 2 years and 6 months, the minimum of the sentencing guidelines set forth in the law as the minimum of the sentencing guidelines set forth in the sentencing guidelines) (a decision on the suspension of execution of a sentence] - The reason for pride general participation is clear social relation
3. The protection of the people from the misuse and abuse of narcotics, etc., in turn, is an important duty of the State.