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(영문) 의정부지방법원 2020.04.22 2019고합402
마약류관리에관한법률위반(향정)
Text

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

No. 1, appraisal, No. 1, 102.54g of seized philophonephones, 102.54g of total list of seized articles.

Reasons

Criminal facts

The Defendant is not a person handling narcotics, and thus is not a person handling narcotics, but is not able to handle the psychotropic drugs (one-name clopon; hereinafter referred to as “copon”).

On November 2019, the Defendant accepted the request on behalf of the International Postal Items, in lieu of the International Postal Items concealed Handphones from Homan B.

The above B decided to import philophones from the name Buddhistist in Thailand, and then divided about 107.84 gramphones into 21 small plastic paper bags and divided them into two green boxes, and entered them into an international mail box in Thailand, with documents, and entered the recipient in C (C, D) and the receipt place in Gyeonggi-do E, fron, the Defendant’s domicile, and sent them to the Incheon National Government on November 28, 2019, and sent them to G at around 19:50 on November 28, 2019.

On December 5, 2019, the Defendant received international postal items concealed from the office distribution room on the second floor of the government post office of the 811-dong, Shindong-dong 811, Goero-si, Madong-si, in order to receive the said penphones.

Accordingly, the Defendant conspiredd with B to import philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records (Evidence No. 10 Nos. 10), each investigation report (control delivery, confirmation of actual weight and weight of seized articles, confirmation of the suspect's telephone details), arrest reports;

1. The written report on detection of, and response to, the Incheon Airport International Postal Customs, the results of analysis, and the application of statutes;

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;

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

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types).

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