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(영문) 인천지방법원 2020.02.06 2019고단8270

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

피고인은 2019. 7. 초순경 B 메신저를 통해 C으로부터 향정신성의약품으로서 임시마약류로 지정된 이소부틸 니트리트(일명 ‘러쉬’, 이하 ‘러쉬’) 5병을 미얀마화 80,000짯(한화 약 65,000원 상당)에 구입하여 미얀마에 거주하는 D를 통해 E에게 전달하도록 하고, E에게는 위 물품을 국내로 운반해 달라고 부탁하였다.

Since then, on July 24, 2019, at around 23:15 (On-Site Hours), E is placed in a temporary package for travel at the International Port of the Union of Myanmar, and after entrusting the work to F with the baggage, five persons of the said port of the Union of Myanmar as above:

7. 25. 25. Around 07:42, at the 2 terminal of Jung-gu Incheon Jung-gu, Incheon, Incheon, the second passenger terminal of the Incheon International Airport.

Accordingly, the Defendant imported the horses from Myanmar to Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes as a result of analysis;

1. Article 60 (1) 6 of the Act on the Control of Narcotics, Etc. and Article 5-2 (5) 1 of the former Act on the Management of Narcotics, Etc., for which the relevant provision of the Act on Criminal Facts and for which punishment is selected (Amended by Act No. 16714, Dec. 3, 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are small quantities, and the defendant's primary and wrong recognition is made, and the defendant's age, character and conduct, environment and circumstances after the crime are considered, and all of the sentencing conditions indicated in the arguments and records of the case shall be determined as ordered.