2018Gohap868 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Preliminary (prosecution) and court below (public trial)

Attorney B (Korean National Assembly)

October 5, 2018

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Criminal facts

The Defendant conspiredd to import marijuana into the Republic of Korea in C and the United States.

In accordance with the above public offering, around August 2018, the above person in poor name was sealed by packing about 890 grams in transparent plastic bags in the U.S. and dividing them into two boxes, and then was sent to the Republic of Korea using international mail after entering them into the payee D and the purport of the above public offering as F in Seoul Special Metropolitan City E. Around August 13, 2018, when the above international mail arrives at the Incheon International Bureau's delivery port located in the Youngdong-gu Incheon Metropolitan City, the defendant, around 17:30 on August 21, 2018, had H receive the above international mail at the Frab management office located in Gwanak-gu, Seoul Special Metropolitan City, the defendant imported approximately 890 grams in the U.S., in collusion with the person in poor name in C and the United States, and imported approximately 890 grams to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. Seizure protocol (No. 5 of the evidence list);

1. Investigation report (Attachment of Messenger communications made by suspects A and C);

1. Photographs photographs of contents of a Mesenger conversation;

1. A report on detection;

1. Requests for the analysis of ingredients of suspected narcotics, and the application of the Acts and subordinate statutes governing the analysis results;

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;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Reasons for sentencing: Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types 2] Import, Export, Manufacture, etc. of Narcotics

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment for 2 years to 4 years

[Scope of the revised Recommendations] Two years and six months to Four years (compliance with the lower limit of the applicable sentences under the law)

3. Determination of sentence: Imprisonment with prison labor for three years and four years under a suspended sentence; and

In addition to avoiding the body and mind of an individual, narcotics-related crimes are highly harmful to society in that they may cause another crime due to harm to the national health, toxicity, and sacrificing, etc., and in particular, the import of narcotics, etc. is highly likely to further increase the distribution of narcotics, etc. in Korea. In particular, the criminal liability is not easy, since the quantity of imported marijuana is considerably large in 890 grams, the Defendant recognized and reflects his mistake, the Defendant was not in the position of leading the import of marijuana, the Defendant was not in the position of leading the import of marijuana, the fact that the imported marijuana was seized and distributed in Korea, the fact that there was no criminal records beyond the previous and fine, the Defendant’s age, character and behavior, environment, family relationship, motive for the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account all the various sentencing conditions shown in the records and arguments in the instant case, such as the age, character and behavior, criminal records, motive for the crime, etc.

The senior judge of the presiding judge;

Judge Lee Sang-hoon

Judges Park Il-young