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(영문) 서울중앙지방법원 2017.06.09 2017고합300
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four years.

36.73g (Evidence No. 1) and one vinyl (Evidence. 1) from the Defendant.

Reasons

Punishment of the crime

On March 15, 2017, the Defendant: (a) sealed approximately 36.73g of Mail Ponl, a local mental medicine, purchased from a person who was unable to know his/her name at the Defendant’s residence in the Cheongdong-si, China’s Cheongdong-si, and concealed them into the Defendant’s port after packaging 36.73g of plastic medicine (hereinafter “Maillon”), and then, (b) concealed them into the Defendant’s port at the Cheongdo International Airport located in the Cheongdong-si, China’s U.S. in the Cheongdong-si, China, and entered the Republic of Korea through the Incheon International Airport located in the Dong-gu, Incheon, Jung-gu, Incheon, around 13:25 on the same day.

Accordingly, the defendant imported philophones even though he is not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation (the arrest report of the suspect, the details of seizure and appending photographs of seized articles);

1. Application of Acts and subordinate statutes to medical certificates, X-RAY photographs, one copy of each of them, one copy of the photograph of seized articles, a protocol of seizure, and an appraisal report;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not less than six months;

2. Application of the sentencing criteria [the types of determination] There is no three types (narcotics, flag, item (a), (b), etc.) (the scope of recommending punishment] (the scope of recommending punishment]. From 4 to 7 years (the basic area).

3. Determination of sentence: A 4-year crime involving narcotics is a serious crime that adversely affects society as a whole, such as impairing national health or inducing another crime;

In particular, the revenue of philophones by the defendant is likely to be criticized even during the crime of narcotics, and it is not a letter of transfer of philophones imported by the defendant.

Nevertheless, the defendant did not properly disclose the developments and motives of importing philophones.

(b).

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