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(영문) 인천지방법원 2017.02.10 2016고합802
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

Search and seizure 195 Paz. (No. 2) and one electronic sound (No. 3) shall be confiscated, respectively.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, should be in charge of the Metropha caculic ingredients (YABA) which is a local mental medicine, but should not be treated as the following.

On November 12, 2016, 23:10 around 23:10, the Defendant: (a) concealed 48 cocks (240 cocks) in cock toilets in Thailand; (b) concealed 240 cocks in cocks; and (c) imported cocks into the Incheon International Airport using TG C on November 13, 2016, by means of entering the Incheon International Airport via TG (TG).

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure by prosecution;

1. Correspondence of the results of component analysis, response to requests for appraisal with the State;

1. Details of entry into or departure from Korea and medical certificates;

1. A report on customs discovery, detection photographs, and a report on customs investigation;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 21);

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. 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] that there is no three types (narcoticss, drugs, their set (a), items (b) and (b) etc.) [the scope of the recommended punishment] of the three types [the basic area of the recommended punishment]: 4 years to 7 years.

3. In the case of narcotics crimes such as the crime of this case sentenced to the sentence, it is not easy to detect narcotics in light of their characteristics, and the risk of recidivism is high, as well as the negative impact on the society as a whole due to cryptability, toxicity, etc., and further, it is more likely that the crime liability is not easy, and that the defendant imported narcotics for the purpose of distributing cryp in the city, and that the defendant should import.

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