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(영문) 인천지방법원 2020.08.18 2020고합297
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, at the port of supply of LAX station located in Luxembourg Angegeles, 13 marijuana 13, marith 3 bottles, marith 2, marist 2, marist 21, and 21 marijuana coffee 21, was placed in a package for travel, and was entrusted with baggage, on February 17, 2020, on board the said airport at B from the point of departure on February 19, 2020, and arrived at the second passenger terminal of 446, as the 2nd terminal of Jung-gu Incheon, Jung-gu, Incheon.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Seizure records;

1. Application of Acts and subordinate statutes to detection photographs and analysis results reports;

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. The scope of the recommended sentence according to the sentencing criteria (the determination of types). Narcotics crimes; and the export, import, manufacture, etc. (the type 2) marijuana and the natives;

[The scope of recommendations and recommendations] None [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, two to four years of imprisonment [the scope of recommendations modified by the applicable sentences] imprisonment for two years and six to four years (the lowest limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and thus the lower limit of the applicable sentences is in accordance with the law).

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under Article 51 of the Criminal Act:

Narcotics, including marijuana, are highly harmful to the society as well as individuals due to their halluity, toxicity, etc., and in particular, the crimes of importing narcotics are related to the dissemination of narcotics and their results.

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