A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 7, 2019, at around 16:00, the Defendant deposited three marijuana cart mileages in a travel bag at a port of the international air space located in the city of Vietnam (local hours) and deposited them with baggage, on board the aircraft in Part B, and entered the Republic of Korea via a second passenger terminal of the Incheon International Airport located at the airport of Jung-gu Incheon, Jung-gu, Incheon, on March 7, 2019.

Accordingly, the defendant imported marijuana from Vietnam to Korea.

Summary of Evidence

1. Each protocol of seizure;

1. As a result of analysis, a letter of report on the results of analysis, a certificate for inspection of small and irregular medicines, and a letter of narcotic appraisal;

1. Personal immigration status;

1. Application of Acts and subordinate statutes to a report on the detection of marijuana by an airline tourer in Vietnam, each investigation report (related to the content of seized articles photographs, and the HC content of marijuana), as a result of the acquisition of criminal information and the detection of suspects, simplified test of reagents;

1. Article 58(1)5 of the Act on the Selection of Crimes, Article 58(1)7 of the Act on the Control of Narcotics, Etc., Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 15939, Dec. 11, 2018); the selection of a limited term sentence

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. Determination on the assertion by the defendant and his/her defense counsel under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics

1. The summary of the assertion is that the defendant purchases three marijuana mileages and deposits them with baggage in a package for travel. The fact that the defendant deposits them with baggage is recognized;

However, the defendant did not recognize that he purchased the hemp Karate by mistake in an electronic tobacco, and that he had never known that he contains marijuana ingredients.

2. Determination

A. In a case where the defendant denies the criminal intent, the facts constituting the subjective element of such crime are indirect or circumstantial facts having considerable relevance to the criminal intent by nature of things.