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(영문) 서울중앙지방법원 2016.08.12 2016고합463
마약류관리에관한법률위반(향정)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

The Defendant conspireded to import a name-free box (one name “C”; hereinafter “C”) and a partic mental medicine (one name “philphone”; hereinafter “philphone”) residing in the Philippines, and then transferred KRW 750,000 from a bank located in Mapo-gu Seoul Metropolitan Government Silwon-dong to a interchangeable account notified by C on June 2015.

After that, C concealed approximately 0.8g of philophonephones in English and sent them into an international distinctive cargo, and entered the addressee as “A”, “Seoul Mapo-gu D Building 401 E, and the addressee’s contact address” so that the Defendant can receive the above international peculiar cargo.

On June 11, 2015, the above international express cargo (G) arrived at the Incheon International Public Port in Jung-gu Incheon, Jung-gu, Incheon, as H on June 11, 2015.

Accordingly, the Defendant conspiredd with C to import philophones into Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of seizure (No. 8 No. 500,00)

1. Application of Acts and subordinate statutes (I and evidence list No. 25) to a report on detection of Mepters (0.8g) (Evidence List No. 2), customs list (Evidence List No. 3), response (Evidence List No. 7) as a result of the analysis, and text messages (Evidence No. 25).

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting a crime, and Article 58 (1) 3, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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 two years and six months to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [types] shall be the three types (narcotics, flag (a) and items (b) and (b), etc.) of narcotics exported, imported, manufactured, etc.;

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