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(영문) 부산지방법원 2012.12.28 2012고합950
마약류관리에관한법률위반(향정)
Text

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

84,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 18, 2012, the Defendant: (a) conspired to import psychotropic drugs, E, F and F, the psychotropic drugs of which are the psychotropic drugs of which the Defendant intended on June 17, 2012 at the time of China on June 17, 2012; (b) opened a new door-to-face concealing 200gh from E, while boarding the said new phone on a passenger ship at an international passenger terminal for China, along with E on which the said new phone was reported and arrived at the Incheon International Passenger Terminal on June 18, 2012; and (c) imported the phone through a customs search unit after having arrived at the Incheon International Passenger Terminal.

2. On July 24, 2012, the Defendant recruited to import Handphones that E, G, F, and F had been driven by, on July 23, 2012, the Defendant: (a) opened approximately 540 g of Handphones from G along with G; and (b) received 300 g of Handphones from the International Passenger Terminal for China, at the International Passenger Terminal for China, the Defendant, either verbally or panty; (c) concealed 240 Handphones in phiphones; (d) concealed 11:00 on board a passenger ship; and (e) imported phiphones by passing through a customs search unit after having arrived at the office search unit on July 24, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding E (p. 2 and 6 times) by the prosecution (Evidence No. 391, 487 pages of the evidence record);

1. Application of the Acts and subordinate statutes to G of each prosecutor's statement (1, 3, and 4 times) to the prosecution;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 58 (1) 6, Article 4 (1) 1, Article 2 subparagraph 3 (b), and Article 30 of the Act on the

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act from among concurrent crimes (aggravating concurrent crimes with punishment prescribed by the Act on the Control of Narcotics, etc. (aggravating Crimes)

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Calculation of the amount of additional collection under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. (1) Handphones imported into Incheon on June 18, 2012.

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