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(영문) 인천지방법원 2020.05.19 2019고합925
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

At around 23:00 on November 28, 2019, the Defendant: (a) divided six marijuana cart storages into a package for travel at an international port of Bo Angeles International Airport of the United States, and entrusted them to the baggage; (b) putting one marijuana cart storages into a cover-on package, carrying them directly in a cover-on package; and (c) arrived at the first passenger terminal of the Incheon International Airport located at an airport of Jung-gu Incheon, Jung-gu, Incheon, Incheon, on November 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. Examination protocol of the accused by prosecution;

1. Protocol of seizure (Evidence No. 1 to No. 3) and a certificate of seizure and delivery;

1. Application of one copy of a report on detection of the preparation of the Incheon Airport Customs Office, and one copy of a customs analysis report; and

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 two years and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types). Narcotics crimes; and the export, import, manufacture, etc. (the type 2) marijuana and the natives;

[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. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

Narcotics, including marijuana, affect the general society as well as individuals due to their cryptability and toxicity.

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