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(영문) 대전지방법원 2018.09.20 2018고합310

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

seizure shall be confiscated 1,013 No. 3 (No. 3)

Reasons

Punishment of the crime

The defendant is a person who illegally stays in the nationality of the Thailand, and is not a person dealing with narcotics.

On April 2018, the Defendant: (a) received and delivered narcotics, etc. delivered by international express mail in the Thailand from “C”; (b) received a proposal that “on the receipt and delivery of the narcotics, etc. sent by international express mail in Thailand, the Defendant would give 1,50,000 won per time, and would pay monthly rent of 50,000 won per month; and (c) conspired with “C” to keep the narcotics, etc. sealed together with “C”.

Pursuant to this programme, on July 1, 2018, “C” issued an order to a seller of narcotics, etc. located in Thailand, from the International Narcotics, etc. in Thailand, to a seller of narcotics, etc. (YBA; hereinafter “YBA”) whose principal ingredient is a local mental medicine, and around July 11, 2018, 07:13 items sent by the above international narcotics seller, which, around July 11, 2018, reached the Incheon International Public Port, 1,013 items sent by the above international narcotics seller, and the Defendant received items sent from the F convenience store located in Chungcheongnam-si, Chungcheongnam-si (the suspension of indictment on the same day) on July 16, 2018.

Accordingly, in collusion with D and D, the above one-person “C”, the Defendant imported 1,013 drugs from Thailand to Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Report on detection and response to results of analysis;

1. Application of Acts and subordinate statutes of seizure protocol (A);

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of punishment recommended on the sentencing criteria [the type of punishment].