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(영문) 인천지방법원 2018.01.26 2017고합768
마약류관리에관한법률위반(향정)
Text

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

approximately 45.72 gram (Evidence No. 1), 2.6 gramphones (Evidence. 2.6 gramphones) seized.

Reasons

Punishment of the crime

On November 12, 2017, the Defendant put approximately 45.72g of Mepta (one philopon; hereinafter referred to as “philopon”) in a Blus City of Blus (one philopon”) in a margin of a trip, put approximately 2.6g of philopon into the left part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part of the trip, put about 0.58g of philopon into the part part part part part part part part of the above trip, and arrive in the part part part part part part part part of the Sils of Incheon on November 13, 2017, taking approximately 0.58g of philopon into the part part part of the above part part part part part part part of the Silopon, and arrived in the part part of Incheon on January 10, 2017.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant imported approximately 48.9g of philophones, a local mental medicine, in China, into the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure (copon, etc.);

1. Each investigation report (Attachment of these cans and responses to the results of analysis);

1. Reporting on detection of the Incheon Customs Office and the application of the statutes of Part I of photograph;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (elective imprisonment)

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. (hereinafter “Act”) under Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Act on the Control of Confiscated Narcotics, Etc.”)

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] that there is no type 3 (narcotics, price set, item (a), (b), etc.) [the scope of the recommended punishment] (the scope of the recommended punishment], the basic area of the punishment, 4 years to 7 years.

3. Determination of sentence: In the case of narcotics-related crimes in two years and six months of imprisonment, it is not easy to detect them in light of their characteristics, but it is highly likely to repeat crimes, as well as negative impacts on the society as a whole due to the cryptability, toxicity, etc.

In particular, the amount of penphones imported by the defendant is relatively relatively.

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