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(영문) 인천지방법원 2020.05.12 2020고합55
마약류관리에관한법률위반(대마)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On September 2019, the Defendant, along with B and C, planned to import marijuana from Vietnam to the Republic of Korea, and the purchasing price for marijuana shall be borne by the Defendants in equal installments. The Defendant interfered with the sale of marijuana in the territory of the Republic of Korea, and C conspired to take the role of purchasing marijuana in the territory of the Republic of Korea and sending it to the Republic of Korea through air special transport cargo, and the Defendant and B conspired to take the role of receiving it upon arrival of the Republic of Korea.

On October 2019, the Defendant came to know of the fact that Vietnam male (hereinafter “D”) sells marijuana at the middle point of the trade name in the Vietnam-nam Dawing located, and introduced the Defendant to C, around December 22, 2019, after purchasing approximately KRW 1,80,000,000 from the above person in the name of the Plaintiff, the Defendant purchased approximately 1,00.71g of marijuana from the above person in the name of the Plaintiff, and mixing it with other goods by concealing it within the sealing’s packaging, and then sending the beneficiary’s “E, contact,” “F,” and “B/LH”, the purport of which is “Y,” and the above air special transport freight arrived at the Incheon Dong-dong Port through the International Airport around December 27, 2019.

Accordingly, in collusion with B and C, the Defendant imported approximately 100.71g of marijuana from Vietnam to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's interrogation protocol concerning B;

1. One copy of a report on detection of the customs office of the Incheon Airport; one copy of the photograph of seized articles; one copy of the report (Evidence No. 1 to 3); and the report of seizure (Evidence No. 4);

1. A narcotics appraisal statement;

1. Application of the Acts and subordinate statutes governing entry or departure;

1. Article 58 (1) 5, subparagraph 7 of Article 3, and Article 30 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months to fifteen years;

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