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(영문) 서울서부지방법원 2013.12.19 2013고합346
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On September 17, 2013, when the Defendant was not a person handling narcotics, the Defendant visited the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government C Apartmentba- 393, and visited the Defendant’s sales site of synthetic marijuana with its trade name unknown, and after settling threegs of synthetic marijuana into KRW 235,00 by using one’s own modern card, the Defendant ordered the addressee to enter “A”, the place of receipt, and the telephone number as “D”, and ordered the addressee to enter the address and telephone number of the place of receipt into “A”, and the nameless winners of the name who reside in the U.S. New Airport located in the new storage site of the Republic of Korea, as temporary narcotics, etc., which are a kind of synthetic marijuana, and 5-MO-DL-DLT 0.5g (Evidence 2) in the e-mail, and then put them into the international mail using O962.

9. 25. 22:20 At around the Incheon National Port, and around 15:0 on October 15, 190 of the same year, temporary narcotics were closely imported by receiving the above international mail at the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on receipt of information;

1. Designation and public announcement of temporary narcotics;

1. Application of 5F-UR-14 approximately 2.78g (Evidence 1), 5-MeO-DALT legislation 0.5g (Evidence 2).

1. Article 58 (1) 3, Article 5-2 (5), subparagraph 5 of Article 3, and subparagraph 3 of Article 2 of the Act on the Control of Narcotics, etc., respectively, for a crime committed;

The indictment contains Articles 58 (1) 1 and 5-2 (4) of the Act on the Control of Narcotics, Etc., however, this is a penal provision for the export and import of "temporary narcotics". The temporary narcotics subject to import of this case are "temporary psychotropic drugs" (a) and the applicable provisions of the indictment shall be corrected ex officio as above.

(Optional of Imprisonment or Imprisonment)

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of heavy 5F-UR-144).

3. Selection of punishment and limited imprisonment; and

4. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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