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1. The defendant A shall be punished by imprisonment with prison labor for three years and by imprisonment for two years and six months, respectively;
2.Provided, That this judgment has become final and conclusive.
Reasons
Punishment of the crime
Defendants are not importers of narcotics.
around December 2016, the Defendants conspired to purchase this (MDMA and one EXM) in a large quantity to MM, which is a local mental medicine in the U.S., and accordingly, the Defendant informed Defendant B of the contact address of the seller (hereinafter “E”) in the U.S. where his name is unknown, and Defendant B, contact the seller with the seller, set forth terms of transaction such as the purchase price in MM to MM.
After December 2016, Defendant B ordered the said seller to MM, a local mental medicine, approximately approximately 25.1g (45 g) and approximately 8.71g (3.81g) of Kenya, and Defendant A wired KRW 6 million online as the purchase price.
Around that time, the seller packages this Section and Kenya in the above MM as postal items, and had it arrive at the Incheon International Airport through the AirF of the 18:21 on January 2, 2017.
As a result, the Defendants conspired with the seller who could not know his name and imported the psychotropic drugs.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each protocol of seizure (the sequence 15, 16 of the list of evidence);
1. Notification of a response to the results of appraisal (exporcers and Kenyas), notification of the results of legal and chemical appraisal, and notification of the results of legal and chemical appraisal;
1. The details of remittance from the account, any G dialogue message between suspects, and the H account transactions between the National Bank under the name of the National Bank;
1. A written appraisal;
1. Application of each existing statute of 5 through 10 of the evidence;
1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on Criminal Facts; Article 30 of the Criminal Act on the Management of Narcotics, etc. under Article 58 of the same Act;
1. Punishment provided for in Articles 40 and 50 of each Criminal Act for the crimes of violation of the Act on the Control of Narcotics, Etc. by Import of Narcotics, Etc. (Punishmenting for the crimes of violation of the Act on the Control of Narcotics, etc. by Import of AM, of which the crimes are more severe);
1. Selection of penalty, each abandonment of penalty;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);
1. Article 62(1) of the Criminal Act (the following sentencing) of the suspended sentence.