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(영문) 창원지방법원 2014.10.23 2014고합196
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

On February 5, 2014, the Defendant, even if not a person handling narcotics, was connected to D, a website that sells synthetic marijuana using No. 314, and ordered 3g of STS-135, 50-KB-48 components, which is a synthetic marijuana, to pay 245.28 US dollars with the physical card.

Around that time, a name-free person in the United States attached approximately 2.52 g, approximately 5F-KB-48 g of approximately 0.36 g, a temporary psychotropic drug, to be sealed under his clothes box, and sealed it as a tape, and sent it to the defendant as an international special transmission freight, and sent it to the defendant in February 27, 2014.

As a result, the Defendant imported approximately approximately 0.36g of STS-135, approximately 2.52g, 5F-AKB-48, temporary psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Report on the detection of 5F-AKB-48, et al. and 1-Class 2.88g, analysis results, response, delivery meeting and receipt certificates, web site and the purchase details, pictures of e-mail messages, Kakao Kakao messages using U.S. express cargo;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 58 (1) 3, Article 3 subparagraph 5, Article 2 subparagraph 3 (a), and Article 5-2 (5) of the Act on the Establishment of Relevant Acts and the Optional Control of Narcotics, Etc. (wholly amended by Act No. 12495, Mar. 18, 2014; hereinafter the same shall apply) concerning facts constituting an offense (the occupation of importing temporary psychotropic drugs and the choice of limited imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics;

1. Application of the sentencing criteria [Determination of types] the export, import, manufacture, etc. of narcotics: Type 3 (Narcotic drugs, drug class (a), items (b) and (b), etc.) [the area of recommendation and the scope of recommendation]: Basic area; 4 years to 7 years;

2. Determination of sentence;

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