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(영문) 대전지방법원 천안지원 2016.09.28 2016고합118

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

ADB-CHMINACA 119.23g (Evidence No. 1), 2 paper gamblings (Evidence No. 2), LED.

Reasons

Punishment of the crime

The defendant is not a foreigner of the nationality of Kazakh, nor a handler of narcotics.

No person other than a narcotics handler shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, deliver, receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs.

Nevertheless, at around 12:23 on June 9, 2016, the Defendant imported a flabic mental medicine (JWH)-018 and its dead body “ADB-CHINACA 119.23g, China’s East Air (MU) International Postal Postal Services (hereinafter “Postal Items”), which was sealed into the Republic of Korea by having the Republic of Korea arrive at the Incheon International Airport (MU) International Postal Postal Services (hereinafter “Postal Items”).

Summary of Evidence

1. Partial statement of the defendant;

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

1. Report on detection (the Incheon Customs Office), report on trends in analysis of new narcotics (the Incheon Customs Office), and response to analysis;

1. Inquiries about the details of communications subscribers;

1. Investigation report (the attachment of photographs of PEA, confirmation of the arrival time of an aircraft), each photograph, and data on the entry and departure of an aircraft;

1. A protocol of seizure and a list of seizure;

1. A mobile phone text message output;

1. Application of Acts and subordinate statutes to a full account entry and withdrawal (Korean National Bank, Nonghyup Bank, and Nonghyup Bank);

1. The prosecutor stated the applicable provisions of Article 58(1)3 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts as “Article 58(1)2 of the Narcotics Control Act” but such provision is obvious that it is a clerical error as provided in Article 58(1)3 of the same Act, and thus, it is corrected without the amendment process of indictment.

Article 3 Subparagraph 5 of Article 3 and Subparagraph 3 (a) of Article 2 (Optional to Imprisonment with labor with labor with labor);

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. Determination on the assertion by the Defendant and his defense counsel under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.

1. The accused of the assertion and the defense counsel; and