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(영문) 서울중앙지방법원 2014.11.07 2014고합1169
마약류관리에관한법률위반(향정)
Text

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On May 1, 2014, at the D coffee shop located in Gangnam-gu Seoul, the Defendant identified the U.S. phone number of the seller in his name by accessing the website where narcotics, etc. are sold using smartphones. On June 12, 2014, the Defendant sent 3g of synthetic marijuana called “BB” to the seller by phone at around 06:00, and then remitted 2.50,000 won to the account known by the seller at around 10:00 on the same day.

Accordingly, on June 2014, the seller posted 5F-AKB-48.38 g of temporary psychotropic drugs in the United States in the middle of the United States, and then packages them into a vinyl wing place after having put them into a vinyl wing place, and then sent the recipient by entering them into “A” and “E 402, Gangnam-gu, Seoul.”

Then, on June 13, 2014, the international express cargo concealed 5F-AKB-48 2.38g, which is a temporary psychotropic drug, arrived at the Incheon State's supply port located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, at around 06:15, and around June 19, 2014, the Defendant received it from the Defendant's office of Gangnam-gu, Seoul, Seoul, with the knowledge of the error of the address index stated in the above express cargo, and received it from the Defendant's delivery employee, who was aware of the error of the address index stated in the above express cargo, and discovered the exact address of the Defendant.

Accordingly, the Defendant imported 5F-AKB-48 2.38g, a temporary psychotropic drug from the United States to the Republic of Korea.

Although the written indictment states that “the defendant conspireds with a seller in bad name,” an import act is a crime that requires the existence of an export act in favor of him/her, so the general provisions of the Criminal Act cannot be applied (see, e.g., Supreme Court Decision 2011Do6287, Oct. 13, 2011). As such, the foregoing part of the written indictment shall be deleted.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1.Reporting on detection, analysis results, and investigation reports (attached to the announcement of designation of temporary narcotics);

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