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(영문) 대구지방법원 서부지원 2015.09.24 2015고합93
마약류관리에관한법률위반(향정)
Text

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

Seized Melacules (Handphonephones) 45.76g (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2007, the Defendant was sentenced to seven years of imprisonment for robbery, injury, etc. at the Daejeon High Court, and completed the execution of the sentence on March 13, 2014.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, around March 25, 2015, at the hotel hotel room in the Sincheon-si, China, approximately 45g of psychotropic drugs (hereinafter referred to as “cloudphone”) packed into the Mixed Sea, from C (one-person D) which is not aware of the trade name in the Sincheon-si, China, the Defendant got approximately 45g of psychotropic drugs.

On March 26, 2015, at around 08:00, the Defendant: (a) concealed phiphones received from D in the air door; and (b) took a ethic air carrier (E) departing from the Chinese depth, and (c) imported approximately 45 g of phiphones by passing through the Incheon National Port of Supply on the same day at around 14:26 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on seizure or a report on the Public Health and Environment Research Institute of Daegu Metropolitan City;

1. The result of the test of a ionthner, X-ray images, personal immigration status, flight machine pockets and passport photographs;

1. Previous convictions: Each investigation report (verification of the date of release from the court, attachment of narcotics case), and application of criminal records-related Acts and subordinate statutes;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

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

1. Imprisonment with prison labor for a period of two years and six months to twenty-five years;

2. Reduction elements of the sentencing criteria [the determination of types] applicable to the export, import, manufacture, etc. of narcotics (narcotics, flag (special flag)] Types 3 (narcotics, flag (special flags): Reduction element: The area of important investigation cooperation [the scope of recommendation punishment] mitigated, two years and six months to five years.

3. Determination of sentence: Crimes related to narcotics, etc., which are sentenced to imprisonment for a period of three years and six months, due to their toxicity;

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