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(영문) 부산지방법원 동부지원 2020.02.04 2019고합217
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

Around August 2019, the Defendant proposed that he/she be able to seek marijuana as “A” in conversations with C (one-person referred to as “D”) in the United States of America by using B message, and agreed to import marijuana in a way that C delivers marijuana to the Defendant by international mail with his/her consent.

Accordingly, on August 31, 2019, C concealed 10.55 g of marijuana from California, California, California, TRAS, and sent the recipient to G H as the Defendant, the Defendant’s residence, and sent the place of receipt to G H as an air-specific shipment, and around 04:26 August 31, 2019, the said international mail arrived at the Incheon Central Port provided in the Jung-gu, Incheon.

Accordingly, in collusion with C, the Defendant imported 10.55g marijuana from the United States to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure by prosecution;

1. Each prosecutor's report on investigation (the No. 9, 13, 18 of the evidence list);

1. Application of Acts and subordinate statutes to a report on the commencement of investigation, report on the details of detection, and report on results of analysis;

1. Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act and the choice of limited imprisonment for a crime;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing other than this, since the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (the result of the analysis report states that 0.1g of the hemp 10.5g, seized, was consumed for appraisal, and thus, 10.4g, excluding this, shall be confiscated)

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;

There is no [Special Convicted Persons] [The area of recommendations and the scope of recommendations].

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