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(영문) 부산지방법원 2019.07.19 2019고합175

특정범죄가중처벌등에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for seven years.

Seized evidence1 to 3 above shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 01:00 on April 8, 2019, the Defendant boarded Malaysia, which started at the Cuba Studio Airport, deposited the bags for travel with approximately 2,968g of approximately 252,28,00 of the market price, which was concealed by means of compressing it with plastic bags, then attaching it to the inner door of a string container and then covering it with a string paper and a string paper. On the same day, the Defendant arrive at the port of supply of Kimhae-gu, Gangseo-gu, Busan on the same day at around 08:40 on the same day.

Accordingly, the Defendant imported approximately 2,968 g of Malaysia from Malaysia to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. Notification of the results of legal and chemical appraisal (copon-training, total of 2,968g);

1. A report on detection by the Kimhae Airport Customs;

1. Photographs related to the investigation report;

1. A copy of a philophone-verification message;

1. Investigation report (calculated, etc. of market prices of philophones sealed by a suspect) and application of Acts and subordinate statutes governing the monthly trend of narcotics;

1. Article 11 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 58 (1) 6, and 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act concerning criminal facts, the choice of a limited imprisonment 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. The scope of punishment by law: Imprisonment for five to fifteen years;

2. Scope of recommending sentencing criteria: The sentencing criteria for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are not set, but the sentencing criteria for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are examined in reference to the sentencing criteria for crimes of Article 58 (1) 6 of the Act on the Aggravated Punishment, etc. of Narcotics, which are the fundamental elements before aggravated punishment.