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(영문) 부산지방법원 2019.07.19 2019고합273

마약류관리에관한법률위반(향정)

Text

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

No. 1 or 2 of the seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 22:00 on May 25, 2019, the Defendant administered philophones by inserting approximately 0.03 g of psychotropic drugs in a single-use injection machine (one name, optophone; hereinafter “philophones”) and inserting them into arms after dilution with water.

2. At around 00:00 on May 28, 2019, the Defendant: (a) loaded approximately 9.35g Handphone into a plastic box; (b) stored it in a package for travel; (c) stored it in a package for travel; and (d) stored it in a package for travel; and (d) arrived at a port for the provision of the Kim Sea in Gangseo-gu Busan Metropolitan City, Busan, on the same day.

Accordingly, the Defendant imported approximately 9.35 g of philophone into the Republic of Korea in Thailand.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A report on detection;

1. The message as a result of the prejudice appraisal and the message as a result of the appraisal of seized articles;

1. Application of the Acts and subordinate statutes to simplified shotf photographs and seized objects photographs;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, Etc.) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the long-term punishment prescribed in the crime of violating the Act on the Control of Narcotics, etc., due to the importation of heavy penphones] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 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 Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of punishment by law: Imprisonment for two years and six months to twenty years;

2. The sentencing criteria shall be set.