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.

Punishment of the crime

On February 17, 2019, at around 11:55, the Defendant deposited 2 marijuana cart storages in a travel bridge in a gyptian international air port located in the U.S. A., and deposited them as baggage, the Defendant boarded the B aircraft on February 18, 2019, and entered the Republic of Korea via the Incheon International Airport 2 Passenger Terminal located at the Incheon Jung-gu Airport, Jung-gu, Incheon, Incheon, at around 16:50 on February 18, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of the Acts and subordinate statutes as a result of analysis;

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. 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. 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 guidelines [the determination of types] the export, import, manufacture, etc. of narcotics crimes [the category 2] and the absence of marijuana [the scope of the recommended sentence] (the scope of the recommended sentence corrected according to the sentencing guidelines] 2 to 4 years [ the scope of the recommended sentence corrected according to the sentencing guidelines] 2 to 6 months from 4 years from imprisonment (the minimum limit of the sentence range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the sentencing range, and thus the grounds for suspending the execution of sentence are in accordance with the statutory minimum limit of the sentencing range] . There is no history of criminal punishment

3. Crimes related to narcotics determined to be sentenced are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole, and in particular, the import of narcotics is highly likely to cause the spread of narcotics and additional crimes resulting therefrom.

However, the defendant does not seem to have imported the marijuana for the purpose of distributing narcotics in the city, and the amount of marijuana imported by the defendant is relatively large, and the case is not.