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(영문) 인천지방법원 2013.04.10 2013고합141
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a Canadian foreigner who is not a narcotics handler.

On January 1, 2013, the Defendant issued an order for approximately 92.38gg of the mushroom (hereinafter “ptilio”), containing psychotropic drugs, by linking the Defendant’s residence in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the Internet walket for the operation of the nameless boxes in the Netherlands’s name, and entered the place of receipt into “Seoul Yongsan-gu Dtel 412,” and the addressee “A,” and paid KRW 50,000,000,000,000,000,000,000,000,000,000,000,

In this regard, the name and poorist of the Netherlands located in the Republic of Korea: (a) included five (5) grams of five (92.38) that contained the said letter in transparent factoring, concealed it in the territory of international ordinary trade items, and sent it to the Republic of Korea; and (b) Malaysia 066th (06:48) on January 23, 2013, where the said mail is loaded, arrived at the Incheon National Security Service.

Accordingly, the Defendant imported five 92.38gs containing psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection and analysis results of new 92.38g of the Netherlands as the date of use of international letter-post items;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession of the instant crime and reflectiveness);

1. Article 62 (1) 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. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2.The sentencing guidelines shall be recommended and sentenced for each of the following reasons: the group of narcotics crimes, export, import, manufacture, etc., narcotics, and a perfumea:

Items (b) and (b)

Table, etc. (Type 3): Reduction elements of punishment (type 3): Imprisonment with prison labor for not less than 4 years nor more than 7 years (basic area)

3. Determination of sentence: Imprisonment for not less than two years and six months; and

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