logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.28 2019고합955
마약류관리에관한법률위반(대마)
Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the difficulty in the development of Myanmar, 2 marijuana clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock clock click at October 1, 2019 (on-site hours) on board B departing from the International Airport of the difficulty in the development of Myanmar and arrived at the second passenger terminal of Incheon International Airport located at the airport of Jung-gu Incheon, Jung-gu, Incheon

Accordingly, the Defendant imported marijuana from Myanmar to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the narcotics generation;

1. Records of seizure and the list of seizure;

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 Control of Narcotics, etc. (Selection of Imprisonment with prison labor) concerning the relevant 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. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics;

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

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types). Narcotics crimes; and the export, import, manufacture, etc. (the type 2) marijuana and the natives;

[The scope of a recommendation field and a recommendation type] None [the scope of a recommendation field and a recommendation type] basic field, two to four years of imprisonment [the scope of a recommendation type revised according to a sentencing type] sentenced to imprisonment for two years and six months to four years (the lowest limit of a sentence range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of a sentencing range, so the lower limit of a statutory applicable sentencing range is applicable).

3. Determination of sentence: Determination of sentence as ordered by comprehensively taking into account the following circumstances and the conditions of sentencing prescribed in Article 51 of the Criminal Act:

Narcotics, including marijuana, are highly harmful to individuals as well as society as individuals due to their halluity, toxicity, etc.

In this case, since the defendant imported marijuana, the nature of the crime is not weak.

The defendant is the defendant.

arrow