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(영문) 수원지방법원 평택지원 2020.01.10 2019고합159
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 SOFA as a civilian military employee under the law of B, and is not a person handling narcotics.

On August 8, 2019, the Defendant requested a seller of narcotics, etc. on his name, to pay for marijuana, etc. containing USD 130, U.S. dollars, and send it to the Republic of Korea.

Accordingly, around August 19, 2019, a seller of overseas narcotics, etc. under his/her name, sent to the Republic of Korea international mail "C" and "C" and "B" as the E companyF around August 14:29, 2019, when he/she packages three marijuana mileages containing marijuana ingredients and five marijuana diesels (60.15g) together with the body of person, so that the defendant can receive it.

Accordingly, the Defendant imported three marijuana mileages and five marijuana diesels in collusion with the above-mentioned names partner.

Summary of Evidence

1. Defendant's legal statement;

1. The materials to be investigated, taken in place and appended to a request for mutual assistance investigation;

1. A written delivery of a seizure record and a list of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (Attachment to the delivery of postal items), each investigation report (Attachment to the collection and delivery of postal items), and accompanying materials;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Protection of Narcotics, etc., and Article 30 of the Criminal Act concerning criminal facts;

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 basic area of the title [the area of recommendation and the scope of recommendation], and imprisonment.

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