beta
(영문) 수원지방법원 2016.04.19 2016고합80

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, the Defendant imported 'YBA' in a static state containing mecheric crypt (YABA), which is a local mental medicine, and attempted to administer it. On February 1, 2016, the Defendant contacted C, who is the Defendant’s relative residing in Thailand cock, with NAD, to send 10,000 knife (3.50,000 knife) using NAD.

Accordingly, C, upon the request of the Defendant, sent an international express postal item (f) with the concealment of 85 parcels, starting from the Incheon International Airport in Thailand, to E, and sent to the Incheon International Airport in Jung-gu, Incheon International Airport on February 3, 2016. < Amended by Presidential Decree No. 27272, Feb. 3, 2016>

Accordingly, the defendant imported a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A prosecutorial investigation report (including photographs attached thereto) (including data attached thereto);

1. Report on the detection of YABA 85 regular international express mails by Thailand;

1. Records of seizure by prosecution;

1. Notification of response to results of analysis, and notification of results of legal and chemical appraisal;

1. Application of the Acts and subordinate statutes in translation of the contents of the conversation with the sender of the suspect mobile phone Messenger “C” and two copies of the photograph of detection, detection photograph II, and the suspect mobile phone Messenger “C”

1. Article 58 (1) 6, Article 4 (1) 1, and Article 4 (2) 3 (b) of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (elective imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the scope of the recommended punishment] that there is no three types of narcotics (narcotics, drugs, set (a), (b) and (b) etc.] [the person subject to special sentencing] [the scope of the recommended punishment] basic field [the scope of the recommended punishment] 4-7 years from imprisonment.

3. Determination of sentence;