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(영문) 인천지방법원 2015.07.24 2015고합348

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The seized 4.96gopon (No. 1), 4.98gopon (No. 2);

Reasons

Punishment of the crime

On June 15, 2015, the Defendant concealed three plastic bags in the case where psychotropic drugs are 4.96g, 4.98g, and 5.01g of each of the psychotropic drugs at F's house near the Chinese Grand City E (hereinafter referred to as "clopon"), and concealed one plastic white bag containing 1.91g of the copon in the Defendant's Clopon.

On June 16, 2015, at around 08:30 (China Hours), the Defendant was carrying an inner border case and Luxembourg with a total of 16.86g Handphones, and entered the Incheon Central Airport located in Jung-gu Incheon International Airport on June 16, 2015.

Accordingly, the Defendant imported psychotropic drugs, even though he is not a narcotics handler.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Arrest report (the arrest of a flagrant offender);

1. Investigation report (attaching photographs of seized articles);

1. Reporting on detection by the Incheon Airport Customs Office and photographs;

1. Analysis result report, response to requests for appraisal, and application of the Acts and subordinate statutes on narcotics appraisal;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the Selection of Narcotics, Etc. concerning Criminal Facts (Selection of Imprisonment for a limited term);

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. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Reduction element of sentencing guidelines: The scope of recommendation [decision of types] on the sentencing guidelines; the export/import/manufacturing, etc. of narcotics crime group; the third category (narcotics, narcotics, the flame (a), (b), etc.)] and no person [general person] reduction element: No person who has no record of criminal punishment [the scope of recommendation range]: Imprisonment with prison labor for a period from 4 to 7 years;

3. Determination of sentence: In the case of narcotics crimes such as the instant crimes in the period of imprisonment and two years and six months, the characteristics thereof;