마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for four years.
Seized philophones (including philophones) 33.04g (except the quantity consumed for evidence Nos. 1 and appraisal).
Punishment of the crime
The defendant is a minor national who is not a narcotics handler.
On April 20, 2018, around 17:34, 2018, the Defendant boarded C, while he concealed approximately approximately 33 g (No. 1) mpambucks, which are local mental drugs, in the international air air port in Taiwan-do, and arrived at the airport of Gangseo-gu, Busan, Busan, on the same day at the airport of 108 Kim Sea, around 21:30.
Accordingly, the defendant imported philophones.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Photographss of seized articles and CCTVs of entry places;
1. Application of Acts and subordinate statutes to the investigation report (No. 32 No. 132 of the list of evidence), and the transfer and takeover of appraisal;
1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (elective imprisonment)
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 among the reasons for sentencing)
1. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the prosecutor is also seeking confiscation of each electronic information (No. 3 and No. 4) related to the suspected crime stored in the seized mobile phone;
However, it is difficult to view the electronic information as falling under the “goods” obtained by providing it for the instant phiphone import crime, and thus, the seized evidence Nos. 3 and 4 cannot be confiscated.
On the other hand, the prosecutor also seeks confiscation of 1,00TW 30 copies (Evidence No. 7), 100TW 6 copies (Evidence No. 8), 50,000 won in Korea, 12 copies (Evidence No. 9), 10,000 won in Korea, and 7 copies (Evidence No. 10) in Korea.
According to the Defendant’s statement, it is recognized that the Defendant’s cash ($ 30,600, USD 6700, KRW 670,000) held at the time of arrest was the amount equivalent to the above USD 50,000,000, which was received from the upper line in return for the instant crime, is recognized.