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(영문) 인천지방법원 2019.07.26 2019고합463
마약류관리에관한법률위반(마약)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2019, the Defendant: (a) put approximately 1.86g of the Cocar, a narcotics, into vinyl clocks, sealed them into tapes; (b) stored approximately 20.35g of marijuana and seven marijuana carcers in clocks and plastics boxes; and (c) stored them in clocks and plastics bags; and (d) boarded into B aircraft on June 16, 2019, and arrived at the 2 passenger terminal of the Incheon International Airport located in 446, as of June 16, 2019, as of Incheon, Jung-gu, Incheon.

Accordingly, although the defendant is not a person handling narcotics, the defendant imported ccars and marijuana from the United States to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on the detection, such as coaches for air travelers under the starting frame;

1. Each investigation report (written on the cocar¡¯s survey seized by a suspect and a response to analysis of ingredients of narcotics);

1. Application of Acts and subordinate statutes to a written confirmation on inspection of urinals and simplified drugs;

1. Article 58 (1) 1, Article 4 (1) 1, and subparagraph 2 (d) of Article 2 of the Act on the Control of Narcotics, etc. for Crimes;

Ba (the point of import of ccars), Article 58(1)5, and Article 3 subparag. 7 of the Narcotics Control Act (the point of import of ccars)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Act on the Control of Narcotics, etc. (narcotics) with heavier Crimes);

1. Selection of punishment and limited imprisonment;

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 Acts: Imprisonment for not less than two years and six months to 15 years; and

2. Non-application of the sentencing criteria: The sentencing criteria shall apply to the offenses of violation of the Act on the Control of Narcotics, etc. (narcotics) and the offenses of violation of the Act on the Control of Narcotics, etc. (mariana)

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