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(영문) 수원지방법원 평택지원 2020.05.22 2020고합41
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

The Defendant is a person subject to the usfk Status Agreement (SFA) as a person who is the invitation contract to work at the usfk Special Electric Power Headquarters in Pyeongtaek-si in Sgum-Eup, and is not a person handling narcotics.

On December 29, 2019, at around 11:50, the Defendant: (a) placed in the State of Washington D Co., Ltd. on December 29, 2019; (b) placed 17 marijuana mileage 17 in an airport of the Republic of Korea; (c) three call number containing marijuana ingredients; and (d) placed one disease of the hemp on a travel bridge; and (c) entrusted it as baggage, on board the Incheon International Airport located in Jung-gu, Incheon; and (d) had the said baggage arrive at the airport of the Republic of Korea as the Incheon International Airport on December 30, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of the Incheon Customs Office, voluntary consent and confirmation, investigation report (a document related to the SOFA of a suspect, passport copy, and a copy of the customs declaration), and an appraisal report on seized articles;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the elective Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing (where any part has been consumed in the appraisal or discarded after appraisal, the remaining part shall be forfeited) of the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc.;

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

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the scope of recommendations (the determination of types) for the export, import, manufacture, etc. of narcotics crimes.

[The scope of recommendations and recommendations] None [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, two to four years of imprisonment [the scope of recommendations modified by the applicable sentences] imprisonment for two years and six to four years (the lowest limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and thus the lower limit of the applicable sentences is in accordance with the law).

3. Determination of sentence;

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