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(영문) 인천지방법원 2017.02.10 2016고합806

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

Pursuant to paragraph (1) of this Article, the seizure of 369 Maz. (No. 1) shall be confiscated by the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, should be in charge of the Metropha caculic ingredients (YABA) which is a local mental medicine, but should not be treated as the following.

The Defendant (C, South, 26 years of age, Thailand nationality) and Lao to import and sell fry to Korea, and ordered the name influories to do so. The name influories should be divided into nine parts as soon as possible, put in nine parts of the name in 369, sealed it in a wooden tape, concealed it in a wooden tape, and then sent it as an international special invoice.

Since then, the international special transport cargo, which had been concealed 369 Haba, was transshipped at the airport of Thailand in Thailand and arrived at the Incheon International Airport (TG) D around November 23, 2016, when the cargo was transshipped at the airport of Thailand, around 09:06.

Accordingly, the Defendant conspiredd with C to import the Republic of Korea from Laos.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocols of seizure by prosecution;

1. A customs report, a photograph of detection, a response to a result of a component analysis, a page of inquiry by the Ministry of Postal Affairs, and a detailed statement of the receipt of international postal items;

1. Application of Acts and subordinate statutes to each investigation report (the grounds for punishment, identification of co-offenders related to smuggling import, verification of their personal information, attachment of ES delivery inquiries, and reporting of departure of the co-offenders in this case) shall be applicable;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting a crime, and Article 58 (1) 3, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. The basic area of the recommended punishment on the sentencing criteria [the types] the scope of punishment [the scope of the recommended punishment] shall be from four years to not more than seven years, respectively. < Amended by Presidential Decree No. 20342, Mar. 3, 2006>