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(영문) 인천지방법원 2017.01.13 2016고합759

마약류관리에관한법률위반(향정)

Text

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.

Reasons

Punishment of the crime

The Defendant imported synthetic marijuana, as follows, even if he was prohibited from importing the NaB-CHINAAA, MDMB-CHIC, a single name “synthesis” and “synthesis” (hereinafter “synthesis marijuana”), which is a local mental medicine (JH-01) and its carcasses (hereinafter “synthesis marijuana”).

On October 18, 2016, the Defendant ordered 23.09g of synthetic marijuana to pay USD 1,114 ($ 1,258,130) with the national card under the Defendant’s name, and the seller of the site in name was sealed by dividing 23.09g of ebbbbbbb and paper into 8 and stored it in the original coffee, and then sent it to the international special invoice. Since then, the international unique shipment concealed synthetic marijuana, which came from New York of the United States, arrived at the Incheon International Airport upon aviation E around October 21, 2016.

Accordingly, the Defendant imported synthetic marijuana, which is a native mental medicine, in the United States.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocols of seizure by prosecution;

1. Customs reports, detection photographs, and response reports on the results of analysis;

1. Application of Acts and subordinate statutes to each investigation report (the submission of a suspect's statement of receipt of unique international transmission cargo and the report on the confirmation of the designation of AB-CHACA)

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (selected to imprisonment with labor for a period of time);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

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 scope of recommended punishment on the sentencing criteria [the types] the basic area of punishment [the scope of recommended punishment] shall be from four years to not more than seven years, respectively.

3. Determination of sentence: