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(영문) 인천지방법원 2019.05.31 2019고합167
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 February 2, 2019, at around 22:40, the Defendant: (a) put three marijuana off at a port of the international air space in the Luxembourg Angegeles, which is located in the United States, and deposited it into a bridge for travel, and (b) embarked on the B aircraft on February 4, 2019 through a second passenger terminal of the Incheon International Airport located in the Jung-gu Incheon International Airport (272).

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

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on the detection of marijuana mileage by an air traveler of the United States;

1. Application of the Acts and subordinate statutes as a result of analysis;

1. Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, etc. for Crimes under Relevant Act on the Control of Narcotics, Etc. (Selection of Imprisonment);

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

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

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 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, the imprisonment of two to four years [the scope of recommendations modified according to the applicable sentences] imprisonment of two years and six to four years (the lowest limit of the range of sentences recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and the minimum limit of the applicable sentences is in accordance with the law).

3. Determination of sentence: Sentence 2 years and six months of imprisonment with prison labor, and 3 years of suspended execution are crimes related to narcotics, not only their characteristics make it difficult to detect such crimes, but also their high risk of recidivism and negative impacts on society as a whole;

In particular, the import of narcotics is highly likely to cause the spread of narcotics and additional crimes resulting therefrom, and the criminal liability is not weak.

However, the defendant does not seem to have imported marijuana products for the purpose of circulation in the market.

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