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(영문) 서울중앙지방법원 2018.05.08 2018고합338
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four years.

approximately 40.78g (No. 1) and 37.15g (No. 2) of philophones seized.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On March 20, 2018, at around 16:30, the Defendant: (a) placed a fluoric mental medicine (one philophone; hereinafter referred to as a “fluoron”) packed in the Chinese Chinese central air space, and concealed it in the Defendant’s home page, and (b) imported approximately 7.93g of philophonephones by boarding the Korean air aircraft (mail: C) on the same day through the second passenger terminal in the Incheon International Airport located in the Jung-gu Incheon International Airport.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. The arrest report, the protocol of seizure, the entry or departure of each individual, and written expert evidence;

1. Application of a photograph of seized articles, A's airline ticket, and passport copy Acts and subordinate statutes;

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 (elective imprisonment)

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. The main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (the prosecutor is also seeking confiscation of one machine for administration of philophones seized (No. 3), one electronic sound (No. 4), and 13 plastic bags for subdivision of philophones (No. 7).

However, the above seized articles shall not be confiscated because they cannot be seen as the articles provided for the crime of importing phiphones of this case or those acquired thereby.

Reasons for sentencing

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] that there is no three types (narcotics, flag, item (a), (b), etc.) (the scope of the recommended punishment] (the scope of the recommended punishment] (the basic area). 4 to 7 years (the basic area).

3. Determination of sentence (unfavorable circumstances) of sentence is about 77.93g, the volume of phiphonephones imported by the Defendant, which is a large quantity that can be administered more than 1,000 times.

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