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(영문) 인천지방법원 2016.01.22 2015고합784

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

approximately 30.92g (except approximately 0.5g used for appraisal) seized Mepters.

Reasons

Punishment of the crime

The Defendant was willing to import approximately 30.92 grams of name fluor (one fluoron) and fluor (one fluoron (one fluoron; hereinafter referred to as “philophone”) who resides in China, into Korea.

On November 2015, 2015, the Defendant issued a phone call to a nameless person in China, and remitted KRW 2 million to the account in the name of E company bank (Account Number F) in the name of E used by the above nameless person. The nameless person was divided into about 30.92 grams into five plastic machines and stored about 30.92 grams in plastic machines, and then stored them in the name name cards in five plastic paper, and then sent them to the Defendant.

Since then, the above international parcel items were loaded on the aircraft of Z671, the Southern Air Corporation, the Republic of China departing from the Chinese depth, and arrive at the Incheon International Airport around November 16, 2015.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant imported philophones, which is a local mental medicine, in collusion with a person who is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. A criminal investigation report (a report on an abstract of recorded contents of a suspect, and attaching details of account transactions);

1. Collection of criminal information and reporting on the commencement of an investigation;

1. Application of Acts and subordinate statutes to the seizure protocol (Evidence 1 Handphones, dypphones No. 2);

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting a crime, and Article 58 (1) 3, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

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 the recommended sentencing guidelines [the scope of the recommended punishment] [the types] of punishment [the scope of the recommended punishment] that there is no three types (a) and (b) [the person subject to special sentencing] [the person subject to general sentencing] [the scope of the recommended punishment]: four years to seven years of imprisonment.

3. Determination of sentence: