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(영문) 인천지방법원 2018.06.29 2018고합318

마약류관리에관한법률위반(마약)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. The Defendant: (a) around May 11, 2018, around the night, at the “C club,” located in the city of New York, opened a ccar in the table, used the ccar in a way of cutting off the ccar’s in the table, using the ccar as soon as possible; and (b) after the lapse of approximately two hours, used the ccar in a way of cutting off the ccar’s fire in the above “C club” toilet above the ccar’s ccar in a way of cutting off the ccar’s fire above the ccar by using the ccar.

2. Around May 11, 2018, the Defendant: (a) received two air conditioners from the influenite’s name in the said “C club” from the influenite (hereinafter “D”); (b) around May 13, 2018, at the JFK International Airport located in New York (S.) around 00:50, the Defendant received two air conditioners from the influenite’s name (hereinafter “C club”); and (c) received two air conditioners from the influenite’s name influenite’s name; (d) on May 13, 2018, at the JFK International Airport located in the city of New York, the Defendant boarded on the E aviation Flus; and (e) imported the chian from the 272 international passenger terminal of the Incheon International Airport located at the airport via Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection by the U.S. aviation traveler;

1. Written response to the results of the analysis;

1. Application of Acts and subordinate statutes to each seizure protocol and narcotics appraisal report;

1. Article 60 (1) 1, Article 3 subparagraph 1, Article 2 subparagraph 2 (d) of the Act on the Control of Narcotics, Etc. (the point of using a cocar, the choice of imprisonment), Article 58 (1) 1, Article 4 (1) 1, and Article 4 (1) 2 (d) of the Narcotics Control Act (the point of importing a cocar, the choice of imprisonment for a limited term) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes as provided for in the Act on the Control of Narcotics, etc. due to Import of Cocars with the largest punishment];

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. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)