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(영문) 수원지방법원 2019.09.20 2019고단3017

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant treated the emulitrite, a temporary narcotics, etc., as follows: (a) nitrite, a one-time, and (b) the Defendant treated them as follows.

On December 23, 2018, the Defendant purchased 3 diseases (30 m, respectively, to approximately KRW 57,150) from 45 knife ( KRW 57,150), and concealed 2 diseases in the radio earphone gambling room, and concealed the remainder of 1 disease in the door with electric wires. At around 05:35 of the same month, the Defendant was on board B Company C at a skiing port located in the Netherlands cancer, and around 15:28 of the same day, the Defendant arrived at the Incheon International Airport 2 passenger terminal located in Jung-gu Incheon Metropolitan City, Jung-gu.

Accordingly, the defendant imported a stop, which is a temporary narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on investigation, report on detection by the Incheon Airport Customs and report on the detection of customs clearance, photograph of detection of customs and written request for analysis of customs ingredients;

1. Application of the Acts and subordinate statutes to response to customs analysis results;

1. Article 60 (1) 6 and Article 5-2 (5) 1 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, the selection of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, ordered the Defendant, on August 27, 2014, via the Internet, was subject to the suspension of indictment due to the suspicion imported from a foreign country. In addition, the Defendant committed the instant crime.

However, in consideration of the fact that the defendant is led to confession, there is no criminal record other than the above disposition, and other sentencing circumstances, the punishment shall be determined as per the order.