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(영문) 인천지방법원 2018.06.08 2018고합236

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

It remains after being used for appraisal among approximately 28.65g of seized philophones (No. 1).

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, around April 7, 2018, around 2018, around 18:00, the Defendant: (a) concealed a vinyl brophone, containing approximately approximately 28.65g of Mesofts (i.e., one logphone; hereinafter “Handphone”), a local mental medicine in ice-si, China, into the Red Sea, and went into the Incheon International Airport located in 272, Jung-gu, Incheon.

Accordingly, the defendant imported philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes to a response report on the detection of ice-to-air travelers by air, and the results of analysis thereof;

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

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 on the sentencing criteria [the scope of the recommended punishment] shall not fall under the category 3 (narcotics, price set (a), items (b) and (b) etc.) [the scope of the recommended punishment] (the scope of the recommended punishment] 4 years to 7 years (the basic area).

3. Determination of sentence: Imprisonment with prison labor for three years is against the recognition of the instant crime; the fact that there is no past record of criminal punishment in the Republic of Korea before, and the fact that the penphone imported by the Defendant is seized, and is not distributed during the time is considered.

On the other hand, narcotics crimes, such as the crime in this case, are not easy to detect them in light of their characteristics, and the risk of recidivism is high, and there is a significant negative impact on society as a whole due to cryptability, toxicity, etc.

In particular, the Defendant imported a large number of 1,000 popons from approximately 1,00 popons, and the method of committing such crimes.