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:

피고인은 2019. 6. 14. 미합중국 조지아주에 있는 B에서 대마CBD오일 2병과 대마CBD카트리지 3개(시가 합계 한화 3,845,800원)를 구입한 후, 같은 달 17.경 미합중국 하츠필드 잭슨 C 인근에 있는 피고인의 친척 집에서 가방 안에 위 대마 CBD오일과 카트리지를 넣은 다음 같은 달 18. 12:30경 D으로 기탁하고, 위 비행기에 탑승해 공항을 출발하여 같은 달 19. 15:33경 인천 중구 제2터미널대로 446에 있는 인천국제공항 제2여객터미널에 도착하였다.

Accordingly, the Defendant imported marijuana even though he is not a narcotics handler.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the narcotics delivery by the Incheon Customs Office;

1. Records of seizure and the list of seizure;

1. The report on the results of the analysis of the Incheon Customs;

1. Investigation report (the details of entry and departure, XRAY images of deposited cargo, and passenger reservation data (PNR) on June 19, 2019;

1. Inquiry about the current status of entry or departure;

1. X-RAY photographs of deposited cargo at the time of entry;

1. Application of statutes on passenger reservation data at entry;

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

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;

No [special person] [the scope of the recommendation field and the recommendation range] basic area, two to four years of imprisonment [the range of the recommendation type revised according to the sentencing range], two years to six years of imprisonment (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the lower limit of the applicable sentencing range is in accordance with the law).