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(영문) 인천지방법원 2018.08.17 2018고합123 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) brought in narcotics from Malaysia to the Republic of Korea; and (b) delivered them to him/her to give him/her a face-to-face fee.

The proposal was proposed, and G accepted it.

As a result, G: around 23:59 on February 18, 2018, while carrying approximately 13.82g of the MMA, approximately 49.78g of travel bags and so on on, to MD and MD, and carrying approximately 13.82g of this (MMA, one name “EXM”; hereinafter “EXM”) and approximately 49.78g of the COR, G arrive at the Incheon International Port located in the Dong-gu Incheon International Port around February 19, 2018.

As a result, the Defendant, in collusion with G, imported approximately 13.82 gramopon, which is a local mental medicine, from Malaysia to the Republic of Korea, and imported approximately 49.78 gramopon from Malaysia to the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Report on detection of the Incheon Airport Customs Office;

1. Seizure records (MDMA, etc.);

1. Investigation report (to attach a response to the result of the analysis);

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

1. Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and Article 30 of the Criminal Act on the same facts;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Application of the sentencing criteria;

(a) Type 3 of the export, import, manufacture, etc. of the determined narcotics (narcotics, flavoring (a) and items (b) of the same subparagraph);

B. There is no special sentencing factor

(c) the scope of the recommended sentence, the basic area of the punishment, 4-7 years of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for three years, and with respect to narcotics-related crimes with four years of suspended sentence, it is not easy to detect them in light of their characteristics.