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(영문) 인천지방법원 2019.01.29 2019고합7
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

On December 16, 2018, at around 13:00, the Defendant imported marijuana by inserting one marijuana cart storage (including containers 19.85g, No. 1) in the Datro Metraan Airport of the United States Datro, Datro, Datro, Datro, Datro, Datro, and holding it in the C, and boarding the B Air, at around 15:54, December 17, 2018, by arriving in the Incheon International Airport of the 272 International Airport as the airport of Jung-gu, Incheon, Jung-gu, Incheon, and importing marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. An analysis report on the results of analysis, and a narcotics appraisal report;

1. Application of Acts and subordinate statutes to each investigation report (the acquisition of criminal information, detection of suspects, and examination results of prosecutor's personal effects, personal personal effects, status of entry and departure of each individual, and confirmation of the illegality of CBD date);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) that there is no type 2 (mariju, perfuc) (special sponsor) (referring to the scope of recommendations and recommendations). The basic area of recommendations and recommendations, two-years and four years of imprisonment.

3. Determination of sentence: The sentence of a drug crime for the year of the suspension of the execution of two years and six months is not only to avoid the body and mind of an individual due to toxicity and radio wave, but also to harm the national health and to lead to other crimes, which are highly harmful to the society.

On the other hand, the defendant recognized the crime of this case and reflected, and the amount of marijuana imported by the defendant is small amount and seized in Korea.

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