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

Each marijuana error (certificate Nos. 1 through 7, 10) seized shall be included.

Punishment of the crime

On April 7, 2019, the Defendant, around 23:30 (Local Hours) of the U.S. Los Angeles International Airport, was on board the aircraft B while carrying it by dividing it into the hemp-day car storage 25, and holding it in the B, and entered the Republic of Korea via the second passenger terminal of the Incheon International Airport located at the airport in Jung-gu Incheon, Jung-gu, Incheon, on April 9, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A report on the detection of marijuana mileage by an air tourer of the United States;

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. As the confiscated maribage (Evidence No. 11), narcotics ingredients were not detected (Evidence No. 142 of the Evidence No. 142). Thus, the confiscated maribage shall not be confiscated;

Reasons for sentencing in the main sentence of Article 67 of the Narcotics Control Act

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types]. Export, import, manufacture, etc. of narcotics crimes [Type 2] None [the field of recommendation and the scope of the recommended sentence] [the scope of the recommended sentence], the basic area of marijuana [the scope of the recommended sentence], two years to four years [the scope of the recommended sentence corrected by the applicable sentencing]], two years and six months to four years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence does not seem to have imported the marijuana of this case for the purpose of distributing narcotics at the time, and the entire amount of the marijuana of this case has not been seized and distributed.

However, it is not easy to detect narcotics-related crimes due to their characteristics, and the risk of recidivism is high as well as the overall society.