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

To order the defendant to be put on probation.

The seized hemp 50g (Evidence 1, excluding the amount consumed for appraisal), all of the aviation registration mails, etc. (Evidence 2), two transparent vinyls (Evidence 7 and 9) and one marijuana inhales (Evidence 10) shall be confiscated. 3,000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

1. Import of marijuana;

The Defendant conspired to import the hemp in the Republic of Korea along with the mar-type D in the United States, and informed D of the address, contact information, etc. of friendly E.

Since then, D indicated about 50g (No. 1) of hemps as the addressee's 'E', 'Seoul F, 203', 'Seoul F, Gangnam-gu, and 203, and deposited it to the Republic of Korea using international special grade mail (Trackn N. G) and the above international special grade mail arrived at the Incheon State Port on May 1, 2018, H around 14:30. Accordingly, the Defendant imported approximately 50g of hemp in collusion with D.

2. Smoking marijuana;

The Defendant, around 05:00 on May 6, 2018, placed the 'J' club in Gangnam-gu Seoul Metropolitan Government I in a pipe for smoking (ordinary smoking rate of 0.3-0.5g) with the imprisoned hemp in a pipe for smoking, and dices the smoke.

Accordingly, the Defendant smoked marijuana.

3. Possession of marijuana;

On May 9, 2018, around 18:55, the Defendant kept two of the transparent vinyl facts (Evidence Nos. 7 and 9) containing approximately 0.6g (Evidence No. 6) and approximately 1.8g (Evidence No. 8) respectively in Gangnam-gu Seoul, Seoul, and around 203, the Defendant used two of the transparent vinyl facts (Evidence No. 7 and 9) in the Defendant’s finger hand room.

Accordingly, the defendant possessed approximately 2.4g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on the accused and E;

1. Each protocol of seizure and list (Evidence Nos. 11,18,23);

1. A report on the results of the analysis of 50g of the hemp plant, and each appraisal report;

1. A customs clearance report, and an international postal certificate signed by E;

1. Visual photographs of the hemp plant 50g, photographs of the seized articles (Evidence No. 17), photographs of the contents of KSA and E, and sphomatic photographs of the uriine simplified reagents;

Application of Statutes

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

Article 58(1)5, and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of smoking marijuana, the choice of imprisonment), Article 61(1)6, and Article 4(1)2 of the Narcotics Control Act (the point of holding marijuana and the choice of imprisonment), Article 61(1)6 of the Narcotics Control Act (the point of holding marijuana and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (Aggravation of Concurrent Crimes within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. (mathal) to the punishment prescribed in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act due to the 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. Probation;

Article 62-2 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

proviso of Article 67 of the Narcotics Control Act (3,000 won in transaction price of marijuana smoking once);

1. Order of provisional payment;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months from June to 20 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violating the Act on the Control of Narcotics, etc. (mariana) by importing marijuana;

[Determination of Types] Narcotics Crime Group, Export, Import, Manufacture, etc., Type 2 (mariju, flac.)

【Special Convicted Person】

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

(b) A violation of the Act on the Control of Narcotics, etc. (mariana) by smoking or carrying marijuana;

[Determination of Types] The group of narcotics crimes, medication, simple possession, etc., and the type 2 (mariju, flag (d) and (e) etc.) (no person specially punished)

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

C. Handling of multiple crimes

From 2 to 5 years of imprisonment (=4 years + (1 year and 6 months x 1/2) + (1 year and 6 months x 1/2))] d. Scope of modified recommendations

From June to May of 2, 2000 (the lower limit of the applicable sentencing is higher than the lower limit of the recommended sentencing in the light of the law)

3. Determination of sentence;

A narcotics crime is a serious crime that has a significant negative impact on the society as a whole, such as avoiding the body and mind of an individual due to their cryptism, toxicity, etc., and that, in particular, an act of importing narcotics, etc. is likely to cause serious social harm by means of circulation in the market, etc. It is necessary to strictly punish the Defendant. The Defendant, in collusion with the U.S.A.D, is going to import marijuana in order to smoke or smoke. In light of the developments leading up to the import of marijuana, the amount of the imported marijuana, and the circumstances before and after the commission of the crime, etc., the Defendant is not subject to criminal punishment on September 23, 201. The Defendant is obliged to strictly punish the Defendant, including the criminal records sentenced to a suspended sentence of six months as of the Military Service Act on September 23, 201, and the criminal records, including the criminal records sentenced to a suspended sentence of two years for the Defendant’s imprisonment.

However, each of the crimes of this case is recognized and against the defendant. The defendant is not subject to punishment for the same kind of crime. The defendant does not seem to have committed the crime of this case in a systematic and professional manner, and the marijuana imported by the defendant was discovered at the airport and not distributed at the time. Family members of the defendant want to lead the defendant, and the defendant's preference is the defendant's wife.

The punishment as ordered shall be determined in consideration of the aforementioned circumstances, such as the age, character and conduct, intelligence, environment, motive and consequence of the crime, circumstances after the crime, etc., and the circumstances shown in the pleading.

Judges Kim Gin-young

Judges, Senior Jins

The amendment was made.