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(영문) 서울중앙지방법원 2017.03.31 2017고합137
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

The amount of seized 39.6g (except the amount consumed for evidence Nos. 1 and appraisal) shall be excluded.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On February 3, 2017, the Defendant packaged MMA (MMA) 154, approximately 47.2g, and approximately 89.3g, in total, 89.3g, in vinyl B, a local mental medicine, in MIM, at a place where it is impossible to identify a place less than Taiwan (TMA) around 12:34, the Defendant was on board, and arrived at G in G in Gangseo-gu Seoul Metropolitan Government F, Gangseo-gu, Seoul, on the same day.

Accordingly, the defendant imported a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and photographs of seized articles;

1. Written response to the results of the appraisal of narcotics, etc. (Kenyas, etc.);

1. Application of Acts and subordinate statutes to investigation reports (emergency arrest of a suspect - Emergency Arrest), investigation reports (Attachment of photographs, such as blocks concealed in the clothes of a suspect), investigation reports (Attachment of photographs from a person under his/her jurisdiction, etc. and cellular phone seizure details and photographs), investigation reports (request for appraisal of seized articles - Evidence Nos. 10.6g, No. 31.5g (6 known), and evidence No. 5-2.5g of evidence)

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

1. In light of the provisions of the Act on the Control of Narcotics, Etc., the punishment of which differs depending on the type of a local mental medicine, etc., the Defendant committed a violation of the Act on the Control of Narcotics, Etc. with respect to the part that he/she imported in MD and the part that he/she imported in Kenya, and each of the above crimes was committed with respect to the part that he/she imported in Kenya.

It is reasonable to view it.

Articles 40 and 50 of the Criminal Act / [Punishment specified for a violation of the Act on the Management of Narcotics, Etc. (fence) due to the import of AM with a heavier penalty for a violation of the provisions of this Act]

1. Selection of alternative abandonment of punishment;

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. To be confiscated; 2. To be confiscated;

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