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

Punishment of the crime

The Defendant treated marijuana to the U.S. Armed Forces in Korea, notwithstanding that he is not a narcotics handler, as follows:

Around June 2019, the Defendant, at the military unit where the Defendant was on duty in Pyeongtaek-si, called the Defendant’s female-friendly B, who is residing in the United States of America, called the Defendant’s female-friendly B to search for marijuana. The said B stored two marijuana storages in the main machine with rap, concealed them into the main machine, and then sent them to the U.S. military mail (C). The said mail reached the Incheon Airport military post terminal located in Jung-gu, Incheon, on July 22, 2019 through D.

Accordingly, the defendant imported marijuana in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. A list of seized articles and a list of seized articles;

1. Application of Acts and subordinate statutes to Chapter 1 of relevant mobile data CDs, such as a report on the commencement of an investigation following a request for mutual assistance investigation, a report on detection, a photograph of detection, a report on results of analysis, an investigative report (Evidence No. 11, 15, 18, 19) and an addressee's identification card, major comparison of contents, search of smuggling in E-record, and related mobile data CDs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 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.

No [Special Sentencing] (General Sentencing) person who has no record of criminal punishment [the scope of recommending and recommending punishment] person who has no record of criminal punishment, two to four years of imprisonment [the range of recommending punishment revised by applicable sentences] 2 years and six to four years of imprisonment (the lowest limit of sentencing recommended by sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences, so the lower limit of applicable sentences is in accordance with the statutory minimum limit of applicable sentences).