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(영문) 서울중앙지방법원 2017.03.10 2017고합110
마약류관리에관한법률위반(대마)
Text

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

Defendant is not a narcotics handler.

The Defendant conspiredd to import the name, infinites and marijuana residing in Australia into the Republic of Korea. The name, infinites, concealed approximately 116.6g of marijuana in the International Trade Postal Items (C) and sent the place of receipt to the Republic of Korea after entering the place of receipt in Seoul Special Metropolitan City D 1, 204 and the addressee as E so that the Defendant can receive the said international Trade Postal Items.

On January 11, 2017, the international trade items concealed marijuana arrive at the Incheon International Airport in Jung-gu Incheon International Airport, Jung-gu, Incheon, as the Japanese AirF around January 21, 201.

As a result, the Defendant imported approximately 116.6g of marijuana in collusion with the above-mentioned persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to G and H;

1. I's self-statement;

1. Each protocol of seizure;

1. The application of Acts and subordinate statutes to an investigation report (information obtained), a report on the detection of marijuana 116.6g of Australia's international letter-post, a photograph of the exposure of Australia 116.6g, response to the results of analysis, and a criminal investigation report (a document appended to the International letter-post transmission box);

1. Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Selection of Narcotics, etc., and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act to observe protection and community service orders;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [type determination] that there is no person in charge of the two types (mariju, flad. item (c)) [the scope of the recommended punishment] of the basic area (the scope of the recommended punishment shall be between two and six months, and four years, and the minimum limit of the recommended punishment according to the sentencing guidelines shall be two years, but the applicable sentencing guidelines shall be imposed.

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