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(영문) 부산지방법원 2019.07.26 2019고합287

특정범죄가중처벌등에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a maximum term of six years and a short term of four years.

Seized evidence 1 to 71 shall be confiscated.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On June 2, 2019, at around 23:30, the Defendant: (a) sealed Mecamba (one name, penphone; hereinafter referred to as “prophone”) of psychotropic drugs amounting to KRW 97,770,000 at the market price into vinyl B; (b) concealed Mecamba (one name, penphone; hereinafter referred to as “prophone”) in a green-type package; (c) disguised melted by melting 97g of psychotropic drugs amounting to KRW 99,4130,00 in an amount of 49,4130,000 at the market price (hereinafter referred to as “Icamb”), and deposited them with the above aircraft as Mecamba (hereinafter referred to as “Icam”) by dividing 200,000,000, and deposited them into the above aircraft for travel, and on June 34, 2019, supplied the above Mecamba-dong in Gangseo-gu.

Accordingly, the Defendant imported 997 g and 14,118 g in Thailand, the total market value of which is 59,1830,000 won in Thailand.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure protocol (No. 5 No. 5 of the evidence list);

1. Detection photographs, etc. and photographs of seized articles;

1. Three copies of an appraisal report;

1. Application of Acts and subordinate statutes to investigation reports (related to the verification of market prices and philophones);

1. Article 11 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 58 (1) 6, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Narcotics Control Act concerning the crime;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

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 two years and six months to seven years;

2. Non-establishment of the sentencing criteria: The defendant is a juvenile, and the sentencing criteria do not apply.

3. Determination of sentence of narcotics: