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(영문) 의정부지방법원고양지원 2020.09.15 2020고합14
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

The defendant is not a person handling narcotics, but shall not export, import, manufacture, trade, or assist in the trade of marijuana.

On July 25, 2019, the Defendant, in New York, loaded three marijuana carpage 3 and 1 marijuana clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock cl

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

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused’s legal statement seizure protocol, report on the issuance of a list of narcotics, investigation report (Evidence Nos. 11) as a result of the analysis, and copies of the passport of the accused, the declaration on personal effects of the travelers, the entry and departure details (20101-20101-20190726) detection, photograph, marijuana

1. Article 58 (1) 5 and subparagraph 7 of Article 3 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (the occupation of marijuana import and the choice of limited imprisonment)

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. 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;

[The scope of recommendations and recommendations] None [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, two to four years of imprisonment [the scope of recommendations modified by the applicable sentences] imprisonment for two years and six to four years (the lowest limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and thus the lower limit of the applicable sentences is in accordance with the law).

3. Determination of sentence: The defendant shall be sentenced to two years and six months of imprisonment, and the crime of this case for three years of suspended execution;

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