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(영문) 서울남부지방법원 2014.02.14 2013고합505
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

No person is allowed to import temporary psychotropic drugs under Article 2 subparag. 3 (a) of the Narcotics Control Act, but the Defendant discovered a “D site” under the control of the sales volume of narcotics, whose name is unknown while searching an illegal site for the sale of narcotics through an Internet portal site, at the Defendant’s residence of Guro-gu Seoul Metropolitan Government 111-B01, Haman on October 201, 2013.

The Defendant selected 5F-UR-144 temporary psychotropic drugs designated as temporary narcotics posted on the above site, settled 170,000 won with the Defendant’s Agricultural Card, and designated the place for receipt as the Defendant’s residence.

Accordingly, on October 2013, the above narcotics sales books were concealed in the tea box with approximately 5F-UR-144 0.38g of approximately 0.38g in the United States of America, and sent in the form of international express shipment using the aircraft code 588 departing from the United States of America, Incheon Asia, and the United States, and around October 27, 2013, approximately 0.38g of approximately 5F-UR-14 g arrive at the Incheon public port.

Ultimately, the Defendant imported approximately 0.38ggs as above 5F-UR-144.

Summary of Evidence

1. First written examination of the accused by the prosecution (Evidence No. 10);

1. Seizure records;

1. The report on detection and analysis of the exposure of 5F-UR-144 0.74g (including skin) using the U.S. express international cargo;

1. Application of the statutes on a copy of a transport invoice;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

4. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

5. Determination on the assertion by the defendant and his/her defense counsel under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics

1. The Defendant asserts that “D” websites Aroma for the treatment of depression.

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