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(영문) 인천지방법원 2016.01.29 2015고합792

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

The seized 11g of philophones (including, but not limited to, 0.25gs consumed for appraisal.

Reasons

Punishment of the crime

The Defendant, as introduced through C, received a proposal from Cambodia to import mecophographs (one philopon; hereinafter “philopon”), which is a local mental medicine, into Korea, from Cambodia, and intended to import the mecopon along with C and D by accepting the proposal.

C) On November 2015, 2015, C introduced the Defendant to D as a person who will transport phiphones from Cambodia to Korea, and D, upon receiving a proposal from the Defendant to “I wish to import phiphones from Cambodia to Korea, I will pay the Defendant the cost of receiving the philophones.” On November 29, 2015, around 111g of the philophones 111g of the philophones clops flops flops flops flops flops flopher in plastic hotel rooms located in Cambodia, at the hotel rooms located in Cambodia. < Amended by Act No. 13583, Nov. 29, 2015.

On the other hand, the defendant 11g of the above opphonephone and concealed it in the panty, and around 23:30 of the same day, she boarded on the aircraft (E) at the aircraft (E) at the International Airport of Cambodia, and arrived at the Incheon International Airport in Jung-gu Incheon, Jung-gu, Incheon. < Amended by Presidential Decree No. 26814, Nov. 30, 2015>

As a result, the Defendant imported approximately 111g of philophones, a local mental medicine, in collusion with C and D, even though he is not a handler of narcotics.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Seizure records (18 pages of investigation records);

1. Application of the Acts and subordinate statutes to response to analysis results;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 Management of Confiscated Narcotics;

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

2. The scope of the recommended punishment for the sentencing guidelines [the type of determination] shall be set forth in the three categories (the export, import, manufacture, etc. shall be set aside).