logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.09.14 2018고합301
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The amount of confiscated evidence of subparagraphs 1 through 7 shall be the amount consumed for each appraisal.

Reasons

Punishment of the crime

The defendant, as a foreigner of the U.S. nationality, had a mind to import marijuana in the U.S. through international express mail.

On June 1, 2018, the Defendant: (a) called “B” located in the U.S. Buddhist War to send and request “B”; (b) on June 11, 2018, around 15:5, “B” entered 1,270g of hemp, 4 (1, 44g 1, 5g 2 of hemp, 40g 1, 447 g 1, 55g 2 of hemp, 10 marijuana diesel (1, 7, 0.5 m 3), 10 (1, 7,005 m 1,00 m 7,005 m 3) in packages; and (c) sent the addressee to “A”; and (d) on June 15, 2018, the Defendant sent the said e-mail to the Republic of Korea using the said e-mail 15th international mail on an apartment of the Seoul Metropolitan City, Seoul; and (d) entered the purpose of the said e-mail.

Accordingly, even if the Defendant is not a narcotics handler, he imported the hemp 1,270g, marijuana 139g, marijuana 139g, and marijuana 8.5mlock in the United States.

Summary of Evidence

1. Statement by the defendant in court;

1. Type 1,270g, other than 6, exposed photographs, results of analysis, circulars, copies of invoices, inquiries about international postal delivery, and the status of individual entry or departure of the hemp plant in the United States;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of details of receipt of international postal items);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 application of the sentencing guidelines [type determination] There is no type 2 (mariju, fac. c. c.) (special sentencing factors) (the territory of recommendation and the scope of recommended punishment], the basic area of the export, import, manufacture, etc. of narcotics crimes, and two to four years.

arrow