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(영문) 인천지방법원 2018.08.31 2018고합400
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, on June 7, 2018, the Defendant imported narcotics, etc. upon arrival at the Incheon International Airport located at the Jung-gu Incheon International Airport around 23:48 of the same day, by inserting 12 hours in MDMA (one name “EM”) 12 hours, Alf 27 hours, and mama 2.94g in a travel room, which is a native mental medicine, in a cock in Thai-gu, Thai-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Report on the detection of, and response to, the results of the analysis by, air travelers sent to Thailand;

1. Application of Acts and subordinate statutes to a report on investigation (related to a foreign prescription with Alflady);

1. Articles 58(1)5, 3 subparag. 7 (the import of marijuana), 58(1)6, 4(1)1, and 2 subparag. 3(b) (MMA import) of the Act on the Control of Narcotics, Etc., and Articles 60(1)3, 4(1)1, and 2 subparag. 3(d) of the Act on the Control of Narcotics, Etc. (the import of marijuana) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from June to June 22 months;

2. Application of the sentencing criteria;

(a) Two types (marijus, flasing, manufacturing, etc.) (the determination of the territory of recommendation) of crimes 1 (marijus, flasing, flasing, c) (the determination of the territory of recommendation), the basic area [the scope of the recommended punishment] between two years and four years;

(b) Type 3 (Determination of Types), such as the export, import, manufacture, etc. of narcotic drugs (Narcotic drugs, flaz., Ga., b., etc.) / [Determination of the territory of recommendation] basic area [the scope of recommendation] 4 to 7 years;

(c) Category 1, including export, import, manufacture, etc., of narcotic drugs of Category 3 (Determinations of Types).

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