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(영문) 인천지방법원 2019.06.18 2019고합234
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 8, 2019, at around 22:00, the Defendant received one marijuana set from “C” at a villa located in New Zealand B, and concealed it at the Defendant’s hand.

After that, the Defendant entered the said fingers room in a guard for travel and deposited it with air freight, and, on February 17, 2019, boarded at D, a New York from the Republic of Korea on February 18, 2019, and arrived at the second passenger terminal of Incheon International Airport around February 16, 2019.

Accordingly, even though the defendant is not a person handling narcotics, the defendant imported marijuana mileage to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of statutes of Part I to the status of entry and departure of each individual, report on detection of customs, report on seizure, and report on the analysis of goods made by customs;

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. Scope of the recommended sentences according to the sentencing guidelines (decision of types) [the scope of recommendations made in accordance with the sentencing guidelines]: Types 2 (mariju, fac, Manufacturing, etc.] (the scope of recommendations and recommendations), the basic field [the scope of recommendations and recommendations], 2 to 4 years [the scope of recommendations made in accordance with the applicable sentences] shall be sentenced to imprisonment for 2 years and 6 months and 4 years (the lowest limit of the applicable sentences under the Acts); and

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances and the conditions of sentencing prescribed in Article 51 of the Criminal Act:

Unfavorable circumstances: Narcotics, including marijuana, cause the whole society as well as individuals due to their cryptability and toxicity.

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