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(영문) 대구지방법원 2013.09.13 2013고합382
마약류관리에관한법률위반(향정)
Text

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

However, as to the Defendants for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are not narcotics handlers.

On June 2013, the Defendants bought 5F-AKB-48 (one synthetic marijuana) psychotropic drugs from sale, from which the names in the United Kingdom cannot be known, and conspired to import them into the Republic of Korea using international registered mail.

On June 27, 2013, Defendant B ordered the above 5F-AKB-48 to a seller who is unable to know the name in the UK via the Internet, and settled the price with his Samsung Card. Defendant A, starting from the UK around July 1, 2013, at around 21:58 of the same day, received approximately 5F-AB-48 g of the above 24 g, concealed international registered mail, “E, Daegu Northern-gu F Apartment-gu, Seoul, which was delivered to the Incheon State Public Offering at around 21:58 on the same day.”

As a result, the Defendants conspired to import approximately 24g 5F-AKB-48 psychotropic drugs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the detection of 5F-AKB-48g, and a response report on the results of analysis, using English International Registry mail;

1. Seizure protocol (No. 7 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of the relevant information, seizure warrant, analysis of the details of correspondence warrants and replies, and confirmation of settlement cards used in purchasing synthetic marijuana);

1. Article 58 (1) 3, Article 5-2 (5), subparagraph 5 of Article 3, and subparagraph 3 of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of criminal facts and selective punishment;

Title, Article 30 of the Criminal Act (Selection of Imprisonment for Imprisonment);

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

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

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act for probation;

1. Defendant A: Reasons for sentencing in the main sentence of Article 67 of the Narcotics Control Act;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for each range of applicable sentences in law; and

2. The scope of the recommended sentencing criteria (the determination of types) according to the sentencing criteria shall be the export, import, manufacture, etc. of the narcotics, and the price of the narcotics:

Items (b) and (b)

The title, etc. (special sponsor).

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