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(영문) 인천지방법원 2019.05.10 2019고합160
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

Around 20:00 on March 8, 2019, the Defendant: (a) opened one marijuana mileage from the “B” restaurant of “B” in the U.S. Liberco; (b) purchased approximately 40 U.S. dollars (Korean Won KRW 45,000) to the “E” hotel located in the U.S. sandbox around 09:0 on March 9, 2019; and (c) purchased two marijuana mileage: (a) concealed one to the Defendant’s small store; (b) stored the rest of the marijuana mileage 2 in the Defendant’s oral concealment; (c) opened the airport at around 10:30 on March 13, 2019 to the Plaintiff’s local airport at around 10:5:30 on March 13, 2019 to the Plaintiff’s local airport at around 10:5:0 on March 130, 201.

Accordingly, even though the defendant is not a person handling narcotics, the defendant imported marijuana caro containing marijuana ingredients into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on detection of customs clearance;

1. Written replys to the results of the customs investigation; and

1. Application of immigration Acts and subordinate statutes to A;

1. Article 58(1)5 of the Act on the Selection of Crimes, Article 58(1)7 of the Act on the Control of Narcotics, Etc., Article 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 15939, Dec. 11, 2018); the selection of a limited term sentence

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 recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of recommendations (decision of types) according to the sentencing guidelines, the export, import, manufacture, etc. of narcotics crimes, the category 2 (marijus, flasc) (the scope of recommendations) and no person (special person) shall be sentenced to imprisonment for 2 to 4 years (basic area).

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