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(영문) 광주지방법원 2013.05.29 2013고합150
마약류관리에관한법률위반(향정)
Text

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

2,062,500 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

The Defendant, who is residing in Gwangju and residing in the Chinese heart, was willing to receive the psychotropic drugs-related mail if the Defendant sent the psychotropic drugs-related mail (hereinafter referred to as the “cathophone”; hereinafter referred to as the “cathophone”).

Accordingly, around that time, the winners of the above name omitted were sealed about 2.75 g of oponon from the Chinese heart to 12 spopon, sealed it, and sent as international express postal items the victim of the above disability "E (E)", "delivery Site", "F apartment No. 301 Dong 410, Seo-gu, Gwangju Metropolitan City, and "G". As above, the aircraft of 681, 11:38 on June 23, 2008, arrived at the Incheon National Port (CZ) located in the Seo-gu Incheon Metropolitan City, Seoyang-gu, Incheon.

Accordingly, the defendant imported approximately 2.75g philophones into Korea in collusion with D, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Application of Acts and subordinate statutes governing smuggling, import report and photograph, record of seizure and list of seizure, investigation report and photograph of seized articles, investigation report and photograph, investigation report and inquiry into their whereabouts, documents of investigation, contract copies, etc., investigation report and trends and months, investigation report and investigation report and protocol of trial, and copies of examination records of witness examination records;

1. Article 58 (1) 6, and Articles 4 (1) and 2 subparagraph 4 (b) of the Act on the Management of Narcotics, Etc., and Article 30 of the Criminal Act, Article 58 (1) 4 of the same Act concerning facts constituting an offense and the former Act on the Management of Narcotics, Etc., which was elective (Amended by Act No. 10786, Jun. 7, 201;

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 under the proviso to Article 67 of the former Act on the Control of Narcotics, Etc.;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] shall be the crimes of narcotics, the manufacture, etc. of export and import, and the third category (narcotics, drug substances, the items (a), (b), etc.) shall be the same;

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