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(영문) 인천지방법원 2016.11.25 2016고합666
마약류관리에관한법률위반(마약)등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2016, the Defendant: (a) concealed approximately 6.96 grams and approximately 31.5 grams, a ccar, a drug, in California, at a non-commercial area below the California Angegeles; (b) concealed approximately 6.96 grams and approximately 31.5 grams for the Defendant’s travel; (c) deposited two bags, in which ccars are concealed, carried directly, and on September 15, 2016, when he was on board at around 062, the Korea Civil Aviation (KE) starting from the Luxembourg Angeles of the United States on September 17, 2016, which was on board at around 05:24.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant imported the cocar and marijuana, which are narcotics, into the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement of seizure of each police;

1. Written report on the results of the analysis of seal customs offices;

1. A report on the detection of the Incheon Airport Customs Office and a photograph, and a three-dimensional photograph of the suspect who has a cocar; and

1. Application of Acts and subordinate statutes to each investigation report (the attachment of photographs of a suspect who has been a cocare or a photo of a cocare) shall apply;

1. Article 58 (1) 1 and Article 4 (1) 1 of the Act on the Control of Narcotics, etc. under Relevant Acts, Article 58 (1) 5 of the Narcotics, etc. Act and the main sentence of Article 3 (7) of the Act on the Control of Narcotics, etc. (the point of import of marijuana);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in the provisions of the Act on the Control of Narcotics, etc. (the narcotics) and the provisions of the Act on the Control of Narcotics, etc. (the narcotics) due to the importation of cocoain, and the violation of the Act on the Control of Narcotics, etc. (the marijuana) due to the importation

1. Selection of punishment and limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. Each of the crimes in this case within the scope of recommendations according to the sentencing criteria shall be in a mutually competitive relationship.

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