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(영문) 인천지방법원 2019.07.05 2019고합310
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

On March 25, 2019, at around 12:10 (local hours) the Defendant deposited eight marijuana-related cart storages and one solid marijuana-type, containing marijuana ingredients, in a package tour at the international port of the Luxembourg International Airport located in the Luxembourg Angegeles, and thereafter, the Defendant boarded the aircraft of the Republic of Korea on March 26, 2019, and entered the Republic of Korea via the Incheon International Airport 1 Passenger Terminal located at the Incheon Middle-gu Airport 272 at the Incheon mid-gu Airport on March 26, 2019.

Accordingly, the Defendant imported marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Detection of marijuana mileage by an air tourer of the United States;

1. Photographs of seized articles;

1. Written confirmation of the inspection of urinals and simplified drugs, written report on the results of analysis, and narcotics appraisal report;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 58 (1) 5 of the Act on the Protection of Narcotics, Etc., Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc., and Selection of limited imprisonment for a crime;

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. The 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 guidelines (the determination of types) that has no type 2 (mariju, perfuc) (the scope of the recommended sentence) (the special person) [the scope of the recommended sentence] shall be sentenced to imprisonment for two years to four years (the scope of the recommended sentence that is modified according to the applicable sentences] for a period of two years and six years to four years, and the lowest limit of the sentenced sentence that is recommended in the sentencing guidelines for two years and six years and four years, are inconsistent with the lower limit of the applicable sentences under the law, so the lower limit of the applicable sentences under the law shall prevail.

3. Determination of sentence: Sentence 2 years and 6 months of imprisonment, and 3 years of suspended execution are crimes of narcotics and so on, due to their characteristics, it is not easy to detect the risks of recidivism, but is highly likely to repeat crimes.

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