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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant is not a narcotics handler.
On November 1, 2015, the Defendant issued an order to marijuana to the Defendant’s wife located in Egypt, and C around that time concealed 23.21g of the hemp resin and 16.37g of the hemp plant at the bottom of the Slurier, and stated the addressee as “D” and “D” and sent the aircraft loaded with the said international special transmission cargo at the Incheon International Airport located in the Jung-gu Incheon International Port on November 16, 2015.
Accordingly, the defendant imported marijuana.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against the F;
1. Seizure records;
1. A copy of the third examination protocol of the suspect by the prosecution regarding G;
1. Report on the detection of marijuana resin 23.21g and marijuana 16.37g by means of an international express mail;
1. Responses with the results of appraisal;
1. Application of each statute on photographs;
1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
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 Acts: Imprisonment for two years and six months to fifteen years; and
2. The basic area (two years to four years) of the sentencing criteria (the scope of recommended punishment) for export, import, manufacture, etc.
3. The punishment shall be determined as per the order, taking into consideration the fact that the defendant, who made a decision on the sentence of sentence, makes a confession of criminal facts, distributes marijuana imported by the defendant or does not intend to sell it to any other person, and the fact that the amount of marijuana imported by the defendant is not large; and