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(영문) 인천지방법원 2015.10.16 2015고합495
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

With the exception of 0.03g of seized philophones 4.05g appraisal;

Reasons

Punishment of the crime

around August 22, 2015, the Defendant concealed approximately 4.05 g of psychotropic drugs in a vinyl cambane, which is a psychotropic drug, at a private house located in the same village by the Handong-gu Nungdong-gu Nungdong-gu, China, and then contained them in a travel room.

On August 23, 2015, at around 18:00, the Defendant possessed a bank for travel with the concealment of phiphones as above, and boarded at 366 U.S. Z departing from the Pdong Airport in China, and arrived at the Incheon National Port located in Jung-gu Incheon, Jung-gu, Incheon on the same day.

Accordingly, even if the defendant is not a person handling narcotics, he imported psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of analysis, and replys to the results of analysis;

1. A certificate of voluntary submission and a seizure report;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the Selection of Narcotics, Etc. concerning Criminal Facts (Selection of Imprisonment for a limited term);

1. Mitigation of discretionary mitigation under Articles 53 and 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 Control of Confiscated Narcotics;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Reduction element of sentencing guidelines: The scope of recommendation [decision of types] on the sentencing guidelines; the export/import/manufacturing, etc. of narcotics crime group; the third category (narcotics, narcotics, the flame (a), (b), etc.)] and no person [general person] reduction element: No person who has no record of criminal punishment [the scope of recommendation range]: Imprisonment with prison labor for a period from 4 to 7 years;

3. Narcotics crimes, such as the instant sentencing decision, are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole, and the importation of phiphonephones is likely to cause the proliferation of narcotics and its corresponding additional crimes.

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