마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall extract ingredients of psychotropic substances from plants or mushroomss which are used as raw materials for psychotropic substances, export or import such plants or mushrooms, or possess or own them for the purpose of export or import.
On October 13, 2019, the Defendant decided to purchase five 50.39gg of psychotropic drugs (Psilcyn) from a person without his/her name, using a mobile phone at the residence of the Defendant, Asan-si Group B apartment and C, and then remitted approximately 65,504 won (Korean Won 65,504 won) to the E account listed on the aforementioned D’s website to purchase the five psychotropic drugs.
On Oct. 26, 2019, the person in whose name the above order was issued entered the above five hundred and fifty.39g g of the Bber 50.39 in a mail bag, and then entered the addressee into the mail bag, stating the place of receipt as "F" and "Korean dispute over the KHHon 21985" and sent the place to the defendant to an international ordinary mail (J) using the Netherlands tetrasen I, and the above mail arrived at the Incheon International Airport at the airport of Jung-gu Incheon, Jung-gu, Incheon. < Amended by Presidential Decree No. 24274, Oct. 14, 2019; Presidential Decree No. 2729, Oct. 26, 201
Accordingly, even if the defendant is not a person handling narcotics, he imported mushroom, which is a raw material of psychotropic drugs in the Netherlands, from the Netherlands, to the Republic of Korea.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Application of Acts and subordinate statutes to the report on detection by the Incheon Customs, the written request for component analysis by the Incheon Customs, the written report on the results of analysis by the Incheon Customs, and the report on investigation (the details of orders for and remittance of the mushroom) shall be made;
1. Article 58 (1) 4, subparagraph 6 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 67 of the Act on the Management of Confiscated Narcotics, Etc.;