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(영문) 인천지방법원 2017.03.31 2017고합62

마약류관리에관한법률위반(향정)

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Defendant shall be punished by imprisonment with prison labor for three years: Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2017, the Defendant purchased a camera from China, the non-name-free Chinese Handphone sales book, and intended to import it into the Republic of Korea. On January 30, 2017, the Defendant boarded the Chinese East Air (MU) Islands departing from the Incheon International Airport, and left the Republic of Korea with the Chinese Cheongdo Office. On January 30, 2017, the Defendant purchased approximately 38.27 grams from the above Cheongdo Cheongdo Cheongdo 16:20 on the same day, purchased approximately 16:30 grams, concealed it in the panty, and arrived at around 18:30 on the same day by departing from the Chinese Cheongdo Cheongdo Cheongdo 27:27 on the same day.

Accordingly, even if the Defendant is not a narcotics handler, he imported approximately 38.27 gramphones, a local mental medicine, from China to the Republic of Korea.

Summary of Evidence

Article 62 (1) 3 of the Criminal Act (amended by Act No. 1465, Jan. 28, 2017; - Article 58 (1) 6, Article 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Optional of Narcotics, Etc. and Article 58 (1) of the Act on the Protection of Narcotics, Etc., Applicable to the F hosting Details on January 28, 2017; - Article 58 (1) 6, Article 53 and 55 (1) 6 of the Act on the Protection of Narcotics, etc., and Article 55 (1) 3 of the Act on the Reduction of Quantity of Sentence Sentence (Optional of Imprisonment), on the grounds that the defendant's statutory statement seizure report and photograph of the Incheon Customs Office, the status of personal entry and departure, the results of analysis, the investigation report (F hosting details confirmation); Article 62 (1) of the Act on the Punishment of Specific Drugs, Etc., for which the defendant had imported the following sentencing guidelines.

[Determination of Type] Three types of import, export, manufacture, etc. of narcotics (narcoticss, perfume Ga. (b) and so on).