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 five years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is not a narcotics handler.

On November 13, 2018, the Defendant: (a) concealed six marijuana storage points of approximately 98.86 g (including containers) in postal boxes along with household appliances, clothing, etc.; (b) had the Defendant’s wife B, who is aware of such fact, send the addressee to “B” and “C”, and (c) arrived at the Incheon National Port of Supply at around 15:00 on November 18, 2018.

Accordingly, the Defendant imported approximately 98.86g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attached data Nos. 2, 8, 9, 11 and 11 of the evidence list);

1. Article 58 (1) 5 and subparagraphs 7 of Article 3 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning Criminal facts;

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 extenuating circumstances among the reasons for 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 punishment by law: Imprisonment 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;

Sub-paragraph [Special Number of Punishments] Reductions: Self-denunciation [the area of recommendation and the scope of recommendation] Reductions, one to three years [the scope of recommendations revised according to the sentencing range] Imprisonment with prison labor for two years and six months to three years (the lowest limit of the range of punishment recommended in the sentencing guidelines is inconsistent with the statutory minimum applicable sentencing range, and the minimum limit of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Sentence 2 years and 6 months (five years of suspension of execution) of imprisonment is not only easy to detect the characteristics of narcotics but also high risk of recidivism, but also negative impacts on the society as a whole due to the cryptability, toxicity, etc.

Moreover, the importation of narcotics is spreading and resulting therefrom.