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.

Punishment of the crime

The Defendant treated marijuana to the U.S. Armed Forces in Korea, notwithstanding that he is not a narcotics handler, as follows:

On July 19, 2019, the Defendant connected the Defendant’s cell phone with “D” website (D) at the Defendant’s accommodation located in Pyeongtaek-si B building C, ordered him/her to use the Defendant’s credit card to pay him/her for marijuana error (1,250 g) and 1 marijuana mileage (CBD) with the Defendant’s credit card. The Defendant, at around that time, sent the items to the U.S. boxes with the said marijuana and marijuana storage and sent them to the U.S. military mail, at around 14:26 on the 24:26th of the same month, the said items reached the Incheon’s supply port located in the Jung-gu Incheon Metropolitan Government Port through E.

Accordingly, the defendant imported marijuana.

Summary of Evidence

1. The defendant's statement in court, the analysis and the result of the analysis;

1. The protocol of seizure and the certificate of seizure;

1. Application of statutes to self-denunciation;

1. Relevant Article of the Criminal Act and Article 58 (1) 5 and Article 3 subparagraph 7 of the Act on the Control of Narcotics, Etc., and the Selection of Imprisonment for a limited term;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

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;

F. [Special Sentencing] Reduction element: The number of self-denunciation [the scope of recommending area and recommendation range] basic area, two to four years [the scope of recommendation range revised according to the sentencing range] imprisonment, two years and six months to four years (the lowest limit of the range of punishment recommended in the sentencing guidelines is inconsistent with the statutory minimum applicable sentencing range, and the minimum limit of the applicable sentencing range is in accordance with the law).

3. The crime of this case committed by a foreigner was brought in marijuana in the United States by the defendant, who is a foreigner, and the crime of narcotics is not only the defendant himself but also society due to the harm of the abuse caused by addiction.