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 one is allowed to import temporary psychotropic drugs. On July 29, 2013, the Defendant issued an order for temporary psychotropic drugs amounting to 5F-UR-14.41g and AKB-48, 5-MeO-DALT 0.67g by accessing D’s Internet site, using a computer, at the Defendant’s residence of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 109 Dong 2503, and paid 246,621 won by using the Defendant’s bank’s Postal Card, which is contained in the Defendant’s bank’s Postal Card (NE) around July 29, 2013, the Defendant made payment of 5F-UR-14.41g and AKB-48, 5-M-EO-DALT equivalent to 0.67g, Incheon International Customs Inspection Office located in 2581, 2013.
As above, the Defendant imported 5F-UR-144.41g and AKB-48, 5-MeO-DALT 0.67g.
Summary of Evidence
1. Statement by the defendant in court;
1. Records of seizure and the list of seizure;
1. Notification of the results of appraisal of narcotics;
1. A report on detection and photographs;
1. Public announcement;
1. The details of transportation containers, delivery inquiries, and application of the statutes governing receipt certificates;
1. Article 58(1)3, Article 5-2(5), Article 3 subparag. 5, and Article 2 subparag. 3(a) of the Act on the Control of Narcotics, Etc. concerning criminal facts and the Selection of Sentence 3(1) of the Act on the Management of Narcotics, Etc. provide that “Article 58(1)1 and Article 5-2(4) of the Act on the Control of Narcotics, Etc., which is a punishment provision for the act of importing “temporary narcotics” as applicable provisions of Acts, shall be applied to the indictment of this case. However, since the facts charged per se state narcotics, etc. imported by the defendant as “temporary psychotropic drugs,” the above provision of the Act, which is a punishment provision
(Optional of Imprisonment or Imprisonment)
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of the largest 5F-UR-144);
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are favorable.