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(영문) 수원지방법원 평택지원 2019.05.03 2019고합13
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On December 11, 2018, at the C post office located in the United States B, the Defendant: (a) had a mind to import marijuana into the Republic of Korea through an aviation ordinary mail; (b) had 13 marijuana mileage 13 sealed in the gambling place; (c) stated the addressee in the Defendant’s father, “D”, and “E” and sent the destination; (d) sent the said postal item to the Incheon National Airport located in Jung-gu, Incheon, on December 15, 2018, and had the said postal item arrive at the Incheon National Airport (272).

Accordingly, the defendant imported marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Report on the commencement of an investigation upon a request for mutual assistance and investigation (report on the timely appearance, detection photographs, and response results from analysis);

1. A criminal investigation report (attaching photographs of seized articles in a e-mail box), investigation report (a digital forensic material attachment, a CD1);

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

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. 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 15 years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) that there is no type 2 (mariju, perfuc) (the scope of recommendations and recommendations) (the field of recommendations and the scope of recommendations), basic area of recommendation, two years to 4 years.

3. Narcotics crimes determined to be sentenced are not easy to detect due to their characteristics and are likely to pose a high risk of repeating crimes, but are likely to have a negative impact on the society as a whole due to their cryptability, toxicity, etc., and further to cause the proliferation of narcotics and additional crimes resulting therefrom.

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