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(영문) 인천지방법원 2020.06.09 2019고합872
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) concealed four marijuana cart storage points at both horses; (b) deposited air freight with air freight; and (c) on August 21, 2019, the Defendant boarded B from the point of origin of the U.S. DNA Art on August 13:50 (local hours) and arrived at the second passenger terminal of the Incheon International Airport located in Jung-gu Incheon International Airport on August 22, 2019.

Accordingly, even though the defendant is not a person handling narcotics, the defendant imported four marijuana mileages into the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to the report on narcotic release and the report on analysis results;

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 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 recommendations and recommendations] None [the scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, two to four years of imprisonment [the scope of recommendations modified by the applicable sentences] imprisonment for two years and six to four years (the lowest limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and thus the lower limit of the applicable sentences is in accordance with the law).

3. The sentence shall be determined as ordered in consideration of the following circumstances and the various sentencing conditions under 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.

This case is a marijuana case by the defendant.

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