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(영문) 서울중앙지방법원 2015.05.21 2015고합310

마약류관리에관한법률위반(향정)

Text

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.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

The Defendant, through telegram, conspiredd with a name-free box (one name “C”, which is a smartphone, to import psychotropic drugs (one name “philopon”; hereinafter referred to as “philopon”) from the Republic of Korea, to import them into the Republic of Korea, through contact with a name-free box (one name “C”).

Accordingly, around April 7, 2015, the Defendant carried in the territory of Incheon, the international postal items, which were sent to Korea by the winners of the above names, under the territory of the Republic of Korea, while hiding approximately 1.2 g of Handphonephones from the territory of the Republic of Korea, entered the addressee as the Defendant, and received them from the front of the Republic of Korea.

Accordingly, the defendant imported philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes by capturing the contents of a report on detection of mert cancer residents, a list of customs clearances, a report on the results of analysis, and a telegram dialogue;

1. Article 58 (1) 6, Article 4 (1), subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Articles 58 (1) 3, 4 (1), and 2 subparagraph 3 (b) of the Act on the

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

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

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

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

1. The scope of punishment by law: Imprisonment for not less than two years and six months but not more than 15 years;

2. Application of the sentencing criteria (determination of types) narcotics, manufacture, etc. of narcotics crimes.

Items (b) and (b)

Item (Determination of the recommended territory) Basic Field [Scope of Recommendation] Imprisonment with prison labor for not less than four years but not more than seven years;

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 3 years, the crime of this case is a case where the defendant imported phiphones into the Republic of Korea using smartphone display.

A narcotics-related crime is not limited to the personal body and mind, and it harms the public health or causes another crime.