However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

As confiscated by the Defendant, marijuana 2.98g (Evidence 1, excluding the quantity consumed due to appraisal), marijuana 2.96g (Evidence 2, excluding the quantity consumed due to appraisal), marijuana 1.1g (Evidence 3, excluding the quantity consumed due to appraisal), international postal bags 1 (Evidence 4), tobacco smoking machine 2 (No. 5), and one (No. 6) shall be confiscated.

76,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

The Defendant, who entered the Republic of Korea in the Philippines on February 21, 2018 with his/her nationality, is not a narcotics handler.

1. Around March 25, 2018, the Defendant: (a) connected D University E-building 904, 322A located in Seoul, to “G” through “F,” which is an Internet multi-web; and (b) ordered the 0.05 g of marijuana to “B”; (c) designated the delivery site as “D University E-building 904, 322A located in Seoul, the Defendant’s dwelling; and (d) subsequently, around April 15:02, 2018, the mail containing approximately KRW 7.05 g of marijuana, located in Incheon, which is located in the Incheon, Seodong-gu, Incheon, through the Netherlands off-H.

Accordingly, the defendant imported marijuana.

2. On March 25, 2018, the Defendant, at the above Defendant’s residence, visited “G” through “F, a Dac Web, an Internet Dac Web,” and designated D University E-university building 904, 322A, which is located in Seoul, as “No. 322A,” in order to place psychotropic drugs, 160g 10 g 0.000 g 10 g l.0801 bitco (Korean Chinese l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. m.).

Since then, the international mail containing ten LSD 10 ordered by the Defendant was arrived at the Incheon International Airport Cargo Terminal International Postal Service Center located in the Guro-dong among the Incheon Police Officers in April 2018. Accordingly, the Defendant imported LSD.

3. Around April 2018, the Defendant taken in the instant Defendant’s residence, which contains the marith of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. The results of analysis, the report on the results of analysis, the report on the inspection of small riverines and the report on each appraisal;

1. A copy of the receipt of an international postal item, a copy of the specification of transactions, which is non-copics, printed materials from G purchase, and printed materials from the deleted details of lsD purchase;

1. Investigation report (a verification of "A" for residents of several purposes of postal items), investigation report (the result of controlled delivery);

1. Application of the Acts and subordinate statutes to plastic official photographs containing one copy of the photograph of detection of seized articles, one copy of the photograph of seized articles, and other plants;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 58(1)3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2, subparagraph 3 (a) of Article 2 of the Narcotics Control Act, Article 58(1)5, subparagraph 7 of Article 3 (Article 58(1) of the Narcotics Control Act, Article 61(1)4 (a) and Article 3 subparag. 10 (Article 61(1) of the Narcotics Control Act (Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3 (Article 2(1)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment of Narcotics, etc. (Aggravation of Concurrent Punishment of Crimes) prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and Article 50 of the Criminal Act, due to the largest ls Import)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Additional Collection: 76,00 won = 73,000 won for purchase of lsD + 3,000 won for taking marijuana at a time];

1. Scope of applicable sentences under the law: Imprisonment with prison labor of two years and six months from June to June 22

2. Scope of recommendations according to the sentencing criteria;

(a) Class 1 crime: A crime of violating the Act on the Control of Narcotics, etc. due to ls imports;

[Determination of Punishment] Export, Import, Manufacture, etc. of Type 3 (Narcotics, Narcotics A. (b) and f.(b))

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

(b) Second offense: Offense of violation of the Act on the Control of Narcotics, etc. ( marijuana) by importing marijuana;

[Determination of Types] Export, Import, Manufacture, etc.

【Special Convicted Person】

[Scope of Recommendation] Two to Four years (Basic Area) of imprisonment: Violation of the Act on the Control of Narcotics, etc. (Cannabis) by taking marijuana

[Determination of Types] Medication, simple possession, etc. (ma)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Basic Area)

(d) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a period of four years to nine years;

3. Determination of sentence;

In particular, narcotics import crimes are serious crimes that require strict punishment due to the high possibility of spreading narcotics and causing additional crimes due to their toxicity, toxicity, etc., which are not easy to detect due to their characteristics, but also have a negative impact on the society as a whole. In light of the content and frequency of the crimes, the circumstances after the crimes, etc., where the Defendant, who taken or imported marijuana, has high toxicity than marijuana, has been importing it to ls with high level of social harm. In light of the contents and frequency of the crimes, and the circumstances after the crimes, etc., the criminal liability is serious. However, the Defendant led to the confession of the crimes in this case and reflects his mistake. The marijuana imported by the Defendant was entirely confiscated and distributed during the time, and the Defendant did not seem to have committed the crimes in marijuana and ls for distribution purposes. Considering the quantity of ls and marijuana imported by the Defendant. The Defendant, who was studying in Korea, is a Korean national student of the Philippines, is the Defendant’s wife, who is the Defendant’s wife.

The scope of the recommended sentencing guidelines is somewhat lower than the sentencing guidelines, taking into account the following factors: Defendant’s age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., and all the sentencing conditions shown in the records and arguments.

Judges Kim Gin-young

Judges, Senior Jins