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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 May 25, 2017, the Defendant sent narcotics for club use to Canadian, Canadian, a Canadian residing in Canada using “D” Messengers to the Defendant.
At the request of the purport that the address of the defendant was changed, the defendant was known to the "F" as the "S, Seo-gu Incheon, Seo-gu, Incheon, 16-106, and the addressee.
Accordingly, the above “C” stored MaMA 1, MaDA 10, MaMA 0.15gs in a gambling place, and concealed and sent them in an international air mail, after being low in paper. On July 28, 2017, the above international mail arrived at the Incheon International Airport through Canada (AC) G G on July 19:16.
Accordingly, even though the Defendant is not a narcotics handler, the Defendant imported MMA and MDA, a local mental medicine medicine, in Canada, into the Republic of Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Requests for the analysis of ingredients of the Incheon Customs and the application of each Part of the Incheon Customs Code;
1. Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3 (a) (MDA 10) of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts, Article 58(1)6, Article 4(1)1, and Article 2 subparag. 3 (b) (MMA 1 fixed and MMA 0.15 grams) of the Narcotics Control Act;
1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Act on the Control of Narcotics, etc. due to the significant MaDA 10 imports of a crime, the quality of which is greater);
1. Selection of alternative abandonment of punishment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. An order to attend a course under Article 62-2 of the Criminal Act;
1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;
2. Non-application of the sentencing criteria: The sentencing criteria does not present a separate processing criteria for the ordinary concurrent crimes.
3. Sentence;