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(영문) 인천지방법원 2017.07.07 2017고합237

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment with prison labor for three years, and for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A는 MDMA( 일명 엑스터시, 이하 ’ 엑스터시 ‘라고 함 )를 국내로 밀수입하여 이를 판매하기로 계획하고, 2017. 4. 초순경 ‘ 위 챗’ 채팅을 이용하여 마약 공급 책인 성명 불상자( 일명 ‘F' )에게 엑스터시를 국내로 보내

In addition, Defendant B suggested that the international postal items delivered to the Republic of Korea should be received instead of the said items. Defendant B received the said items in lieu of the said items with Defendant A’s consent, and the said items should be paid some of the sales proceeds of the X-PP in return for delivery to Defendant A.

Accordingly, in the Netherlands, the above narcotics supply volume was concealed and packed in the 95 X-si International Postal Items, and then sent them to the Republic of Korea, and around April 13, 2017, the above postal items arrive at the Incheon International Public Port through G.

As a result, the Defendants conspired to import EXV, which is a local mental medicine, from the Netherlands to the Republic of Korea even though they are not the narcotics handler.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records (No. 1-2);

1. Investigation report (Attachment to the H dialogue between B and A);

1. Application of customs discovery reports, results of analysis, and circular statutes;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, as well as Article 58 (1) 3, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. selected as a penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing):

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made again for the reasons for sentencing):

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B: Grounds for sentencing under the main sentence of Article 67 of the Narcotics Control Act;

1. Scope of applicable sentences under law: Two years and six months to fifteen years respectively; and

2. Type 3 (narcoticss, item (a), (b), etc.) of the sentencing criteria shall apply (a) to the export, import, manufacture, etc. of narcotics.