2018Gohap157 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Kim Jong-sung (prosecution), one of the (Trial)

Law Firm B

Attorney C

April 6, 2018

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 became final and conclusive.

Criminal facts

The Defendant, along with D and E, planned to import 12 cart stores containing liquid marijuana in the United States (hereinafter referred to as "mariju cart stores") from the Republic of Korea. The Defendant, upon purchasing marijuana cart stores in the United States and concealing them into clothing, correspondence, etc., planned to take charge of the Defendant’s role of delivering them to D in the Republic of Korea by international mail, D, the text of the marijuana storage and import price transfer, domestic receipt and distribution of marijuana cart stores, and E, respectively.

According to such a public invitation, the Defendant: (a) entered 12 marijuana storages in the United States; (b) approximately 186.98 g, in bulk, in plastic buffer agents, as “D; (c) the delivery site; (d) F; (d) the dispute over the issues of the issue, G; and (e) sent them to the Republic of Korea by international mail (H); and (d) sent them to the Republic of Korea. The said international mail entered into the port of supply of Incheon State (KE); (d) on December 12, 2017, the Defendant received the said international mail at the fourth-story postal office located in the Seoul High Military Court of Justice (SeoulJ) of the Republic of Korea.

Accordingly, the defendant imported marijuana in collusion with D and E.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on D and E;

1. Seizure record and list;

1. A written appraisal request and a written response to appraisal;

1. Application of Acts and subordinate statutes to investigation reports, U.S. aeronautical stations and aeronautical stations for marijuana, detection reports, detection photographs, identification of subscribers to marijuana, identification of recipients, contact details of seized objects, contact information of ‘L' and ‘L' stored in mobile phones, contact details of ‘L' and ‘L' stored in mobile phones, photographs and remittance records, personal immigration status, cellular phone hosting photographs, DNA cellular phone hosting photographs, judgment on D (Seoul Central District Court 2017Nohap1286), E's judgment (Seoul Central District Court 2018Nohap21) and other related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 58(1)5 and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Judgment on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter referred to as “contributive circumstances”)

1. Summary of the assertion

Since the defendant voluntarily surrenders, punishment shall be mitigated.

2. Determination

According to the evidence duly adopted and examined by this court, it is recognized that the defendant was arrested immediately after entering the Incheon International Airport on January 18, 2018, and on January 19, 2018, in the course of the investigation conducted by the Seoul Central District Prosecutors' Office, the defendant acknowledged his criminal facts. Meanwhile, there is no evidence to prove that the defendant entered the Republic of Korea after having expressed his intention of self-denunciation to the investigation agency through the U.S. consular officials, etc., ② According to the investigation report on the arrest process of the defendant, the defendant was made on January 12, 2018. On January 18, 2018, the fact that the defendant confirmed the receipt of the defendant in accordance with the travel information system, and arrested the defendant through a warrant of arrest. ③ The defendant also stated that the defendant returned to the Republic of Korea during the investigation process, and the defendant did not admit the defendant's act as the defendant's defense counsel in accordance with Article 369 (1) of the Criminal Act.

Reasons for sentencing

1. The scope of punishment by law;

Imprisonment with prison labor for not less than two years and six months, but not more than 15 years;

2. Application of the sentencing criteria;

[Scope of Recommendation] The basic area (2-4 years or more) of Category 2 (mariju, fla-c. item (2)) shall be the manufacturing, etc. of export and import.

【Special Convicted Person】

[Scope of the revised Recommendations]

The lower limit of the punishment to be imposed shall be between two years and six months, and four years (the lower limit of the punishment to be imposed on the sentencing criteria shall be set at the lower limit of the punishment, since the lower limit of the punishment to be imposed is two years and six months, and the lower limit of the punishment

3. Determination of sentence;

The following circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., and all of the sentencing factors shown in the trial process of this case, including the circumstances after the crime, shall be determined as ordered.

D. Unfavorable circumstances: The Defendant’s act of committing the instant crime is deemed to have imported marijuana in collusion with his accomplice, and the crime related to narcotics may cause harm to the public health or another crime, as well as harm to the public health.

○ favorable circumstances: The instant crime was committed for the purpose of personal smoking rather than for the purpose of distributing the imported marijuana in Korea, and was committed for the purpose of personal smoking, and the imported marijuana was entirely seized, and was not distributed to others. The Defendant recognized and opposed to the Defendant’s criminal act. There was no criminal history against the Defendant.

The presiding judge, judge and presiding judge;

Judges

Judge Kang Han-soo