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(영문) 인천지방법원 2016.11.11 2016고합634

마약류관리에관한법률위반(향정)

Text

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

Each philopon, each of subparagraphs 1 through 13, which has been seized by the defendant.

Reasons

Punishment of the crime

The defendant, who is not a person handling narcotics, does not deal with psychotropic drugs, so it is not a person handling narcotics, but imports philophones as follows.

On September 6, 2016, at around 01:00, the Defendant: (a) opened a name unclaimed box; (b) opened a 14 gramopon in vinyl 14, and concealed it in both horses; and (c) imported a copon from the Republic of Korea to the Incheon International Airport in the Republic of Korea on the same day at around 12:06, the Defendant imported the copon in a way that the Defendant entered the Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. The report on the detection of travelers Mana of the Philippines (6.29g), photographs of seized articles, pictures of ingredients analysis results, briefings report on the results of analysis, and the notification of the results of legal chemical appraisal (deficial appraisal);

1. Application of Acts and subordinate statutes to investigative reports (Attachment of photographs of seized articles);

1. Article 58 (1) 6, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Punishment of Crimes and the Selection of Narcotics, Etc.;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. The scope of recommendations on the sentencing criteria [decision of types] the basic area of recommendations [the scope of recommendations] for the sentencing criteria: From four years to not more than seven years: Imprisonment for a period of not less than four years.

3. The crime of this case in which the Defendant imported 6.29 g of phiphonephones, and narcotics-related crimes are not easy to detect due to their characteristics, but are highly likely to repeat crimes, as well as negative impacts on the society as a whole due to cryptability, toxicity, etc., and imports of phiphonephones are related to the spread of narcotics and additional crimes resulting therefrom.