2018Gohap214 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A (SIE 1. 990) and Korean sports teachers for foreigners' schools.

Accommodation-si

Nationality of the United States

Man Dong-dong (Lawsuits) and Kim beneficiary (Trial)

Law Firm Law Firm

December 6, 2018

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

except that the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Seized evidence 1 through 6 shall be confiscated (in the case of subparagraphs 1 through 4, the quantity consumed for expert evidence shall be excluded).

Criminal facts

Even if the Defendant is not a person handling narcotics, on September 2018, at the Defendant’s residence located under 202, the Defendant requested to keep marijuana in the ground bed scam of the State of California, California, and on September 9, 2018, at the Defendant’s residence. B, on September 2018, stored seven tobacco containing marijuana in the State of California, California, Luxembourg, and one diesel containing marijuana ingredients in the ground bed, stored in the scam of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of the State of Incheon around 208, 201.

Accordingly, the defendant imported marijuana into Korea in collusion with B.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

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

Determination of punishment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

Reasons for sentencing

- Application of the sentencing guidelines set by the Supreme Court Sentencing Board to the type of the instant offence and sentencing factors;

The scope of the recommended sentence shall be not less than two years but not more than four years and shall be as follows:

Taking into account the circumstances, the same sentence as the Disposition shall be determined.

- the accused, taking into account the negative effects of narcotics-related crimes on individuals and society;

there is need to do so.

- The fact that the defendant is a teacher to guide and supervise young students, and to what extent the defendant entered the Republic of Korea

In light of the fact that the defendant committed a crime because it was not committed, the possibility of criticism against the defendant

- On the other hand, on the other hand, that the defendant is aware of and against the mistake.

- Without circulation of marijuana imported by the Defendant, the enemy in which the Defendant inhales marijuana in Korea.

deemed to have no record;

- When this judgment becomes final and conclusive, the defendant will be detained in his home country.

Judge Choi Chang-hoon

Judges Cho Jong-chul

Judge Han-hee