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(영문) 수원지방법원 안산지원 2013.05.03 2013고합70
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four years.

42.6g (No. 1), vinyl (No. 2) and Red Sea 5.

Reasons

Punishment of the crime

At around 18:30 on February 26, 2013, the Defendant: (a) concealed Mespopon (hereinafter “copon”) 43.49g, which is a psychotropic drug packed into the Red Sea and vinyl from the Chinese Cheongdo Airport, into the Defendant’s port; (b) stored Mespopon in the Defendant’s port; and (c) sealed Mespopon by entering the Incheon Airport, around 20:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to detection photographs, analysis results reports, seizure records, investigation reports (Attachment of photophones after the detection and processing of the customs office of the Incheon Airport), investigation reports (Attachment of a copy of the electronic air ticket), electronic ticket certificates, entry and departure details, and narcotics appraisal reports;

1. Article 58 (1) 6, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Punishment of Crimes and the Selection of Narcotics, Etc.;

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 punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. The scope of recommendations according to the sentencing guidelines (decision of types of recommendations), the group of narcotics crimes, the group of narcotics crimes, the group of export and import, the group of narcotics crimes, the class 3 (Special Aggravation b) (Special Aggravation b) increased or mitigated factors: None of them (the scope of recommendations) (the scope of recommendations) shall be punished by imprisonment for

3. The crime of this case with declaration of sentence is deemed to have been committed by the Defendant by packaging phiphones into the Red Sea and vinyl, inserting them into the port, entering the port through Incheon Airport, and importing phiphones. The quantity of phiphones imported by the Defendant appears to have significantly high impact on society as well as on the harm and danger if 1,450 phiphones are shipped into the Republic of Korea and distributed domestically. The crime related to narcotics is likely to avoid the body and mind of an individual and cause serious adverse effects on society by impairing public health and causing other crimes.

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