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(영문) 인천지방법원 2020.01.31 2019고합755

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

On August 14, 2019, the Defendant, at around 23:30 (Local Hours) around 23:30, entered the international air port located in the Luxembourg Angegeles, and revised ex officio, the entry of the unit on the quantities of marijuana seized at 8 marijuana 139.71g, 1 hemps (5.07g), and one (5.07g), by the seizure protocol. The Defendant: (a) moved the baggage into a travel room and deposited it as baggage; (b) boarded the B aircraft on August 16, 2019; and (c) arrived at the second passenger terminal of the Incheon International Airport located at the airport of Jung-gu Incheon, Jung-gu, Incheon, Incheon.

Accordingly, the Defendant imported marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on detection of the Incheon Customs Office;

1. Certificates of small and medium-scale inspection on small and medium-scale reagents, photographs, replys to requests for small and medium-scale appraisal, and replys to requests for appraisal;

1. A copy of the suspect passport and a personal immigration status report;

1. Application of Acts and subordinate statutes to each investigation report ( obtaining criminal information and conducting investigation, attaching photographs, attaching copies of a passport of the suspect, attaching immigration records, and submitting a response to the result of customs analysis) shall be applied;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Selection and Management of Narcotics, etc., and Selection of limited imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. 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 under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (the determination of types) that there are no types 2 (mariju, perfuc) (the scope of recommendations), such as marijuana, perfuc) and manufacture, etc. of narcotics crimes (the scope of recommendations) (the scope of recommendations). The recommendations shall be made in two to four years (the scope of recommendations modified according to the applicable sentences) by imprisonment for a two-year period (the basic area) (the scope of recommendations modified according to the applicable sentences) and six to four-year sentencing guidelines.