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(영문) 인천지방법원 2019.07.05 2019고합157
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 27, 2019, at around 11:50 (local hours) the Defendant deposited two marijuana mileages in a less international air port in the United States of Washington, which is located in the Republic of Korea, and deposited them into a travel bags, and boarded into the Republic of Korea through a second passenger terminal of the Incheon International Airport located at the Jung-gu Airport of Incheon, Jung-gu, Incheon, on February 28, 2019.

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. Report on the detection of marijuana mileage by an aviation traveler of a Washington, etc.;

1. As a result of the analysis, a report on the results of a simplified test, a letter of approval for a simplified test of reagents, a report on request for appraisal, and a report on narcotics appraisal

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 58(1)5 of the Act on the Selection of Crimes, Article 58(1)7 of the Act on the Control of Narcotics, Etc., Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 15939, Dec. 11, 2018); the selection of a limited term sentence

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. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) that has no type 2 (mariju, perfuc) (the scope of the recommended sentence) (the special person) [the scope of the recommended sentence] shall be sentenced to imprisonment for two years to four years (the scope of the recommended sentence that is modified according to the applicable sentences] for a period of two years and six years to four years, and the lowest limit of the sentenced sentence that is recommended in the sentencing guidelines for two years and six years and four years, are inconsistent with the lower limit of the applicable sentences under the law, so the lower limit of the applicable sentences under the law shall prevail.

3. Determination of sentence: Sentence 2 years and 6 months of imprisonment, and 3 years of suspended execution, narcotics crimes are not likely to be exposed due to their characteristics, but are highly likely to repeat crimes.

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