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(영문) 인천지방법원 2020.01.17 2019고합754
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 August 13, 2019, at around 23:50 (Local Hours) the Defendant deposited 7 marijuana cart storages in a travel bags in the U.S. sandF International Airport, deposited them with baggage, and boarded 1 paper (5.59g) and 1 paper (5.59g) of the hemp Kabage store and hemp cook cook cook cook cook coo. On August 15, 2019, the Defendant embarked on the aircraft of B company C and arrived at the 272 Incheon International Airport as the airport of Jung-gu Incheon, Junggu, Incheon.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of customs clearance;

1. A letter of response to customs preparation and analysis results;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Selection and Management of Narcotics, etc., and Selection 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. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the scope of recommendations (the determination of types) for the export, import, manufacture, etc. of narcotics crimes.

The lower limit of the range of sentence recommended in the sentencing guidelines from June to four years is inconsistent with the lower limit of the applicable sentencing range in the law, because the lower limit of the range of sentence recommended in the sentencing guidelines from [the field of recommendation and the scope of the recommended sentencing] is inconsistent with the lower limit of the applicable sentencing range] (the scope of the recommended sentencing and the range of the recommended sentencing]; the basic field of the punishment from two years to four years (the scope of the recommended sentencing revised according to the applicable sentencing

3. Determination of sentence: Sentence 2 years and 6 months of imprisonment, and 3 years of suspended execution are not easy to detect due to their characteristics, but they are highly likely to repeat crimes, and they are likely to have a significant negative impact on society as a whole due to their re-identification, toxicity, etc.;

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

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