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(영문) 의정부지방법원 2017.02.15 2016고합468

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment with prison labor for four years and for five years, respectively.

The seized solid substances (the presumption of philophones).

Reasons

A.: Narcotics crime group, mass crime, and Type 3 [the defendant A stated by the prosecution that "where 500gs were stolen, 390gs were sent to 70 million won and 390gs were sent to 177%). According to the investigation record, the value of imported narcotics may be deemed to be approximately KRW 54.6 million (7 million x 390/50g x 390g)], mitigation area (special mitigation factors: participation in the crime or motive for the crime), 6 years to 9 years.

2. A violation of the Act on the Control of Narcotics, etc. by Handphones: A group of narcotics crimes, trade mediation, etc., two types (referring to item (b) b) and the mitigation area (where there are grounds for special mitigation: participation in a crime or motive for a crime), eight months to one year and six months;

3. Violation of the Act on the Control of Narcotics, etc. by Possession of phiphonephones: The range of punishment recommended according to the standards for handling multiple crimes shall be determined by imprisonment with prison labor for not less than six years to not more than ten years, for example, for the group of narcotics crimes, for sales mediation, etc., three types (pact. b. b. f.), for the mitigation area (where there are grounds for special mitigation: participation in the crime or for motive for the crime), for the mitigation area (where there are grounds for special mitigation), six months to not more than one year, and six months from June 1:

2. Defendant B’s crime of this case is important as seen in Paragraph 1, and there is a need for strict punishment of Defendant B, considering the fact that Defendant denies the crime, given that the motive and circumstance of the crime, the circumstances after the crime, etc. are considerably poor.

However, in light of the fact that the narcotics imported by the Defendant were delivered to A but not distributed to the society, the circumstances favorable for the Defendant to have no criminal record in the Republic of Korea are considered, and the motive, means and result of the instant crime, the circumstances after the instant crime, the Defendant’s age, environment, and sexual conduct, etc., are comprehensively taken into account; however, the scope of recommended sentencing guidelines for the Supreme Court (eight years to twelve years) in consideration of the aforementioned favorable circumstances, etc.

1.The importation of philophones.