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(영문) 서울북부지방법원 2019.10.18 2019고합298
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

No one shall import the hemp plants, their resin, the hemp plants, or the products manufactured using their resin as their raw materials.

On June 26, 2019, at the international port in the United States LA around 23:30 on June 26, 2019, the Defendant deposited 7 marijuana cart storages (including containers total 137.91g) in a travel bags, and deposited as hand luggage, and is on board specified in Part B C.

F. At around 28:05:30, entry was made through the second passenger terminal of Incheon International Airport located in Jung-gu Incheon Metropolitan Government.

Accordingly, the Defendant imported marijuana in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure (marijute mileage, small face-to-face, hair);

1. Request for analysis and report on the results of analysis;

1. A criminal investigation report (Attachment to the current status of entry or departure by individual);

1. Application of Acts and subordinate statutes of a report on detection;

1. Relevant Article of the Act on the Control of Narcotics, etc. and the Selection of Imprisonment for a limited term concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics;

1. Scope of punishment by law: Imprisonment with prison labor for a period of 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;

(B) From 6 to 4 years (in cases where the lower limit of the scope of the sentence recommended by the sentencing guidelines is inconsistent with the lower limit of the statutory applicable sentencing range, the lower limit of the applicable sentencing range shall apply to the applicable sentencing range) of a person who has no [special sentencing range and the scope of the recommended sentencing] (the scope of the recommended sentencing range and the scope of the recommended sentencing range] (the scope of the recommended sentencing range as modified by the applicable sentencing guidelines).

3. Determination of sentence: Imprisonment with prison labor for two years and six months, and suspended execution for the crime of this case for three years, it is not good that the crime of this case was imported as marijuana;

In particular, 12 marijuana carper 12 imported by the defendant amounts to about 45% of the net rate of the carban, which is the main ingredient of the marijuana, the main ingredient of the marijuana, and it is by weight.

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