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(영문) 의정부지방법원 2015.11.25 2015고합257
마약류관리에관한법률위반(향정)
Text

Defendant

A Imprisonment with prison labor for four years and for two years and six months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendants are foreigners of their respective Chinese nationality and are not authorized to handle them.

1. On August 15, 2015, at the Incheon Central Airport located in Jung-gu Incheon, Jung-gu, Incheon, Defendant A received approximately 133.02 g of approximately 133.02 g of psychotropic drugs, which was concealed and possessed at the bottom of the new engine and in the panty Incheon Spanty, and imported phiphones by entering the Republic of Korea.

2. Defendant B, at the same time and place, concealed and possessed approximately 1.06 g of phiphonephones in tobacco locks, and imported phiphonephones by entering the Republic of Korea after boarding the aircraft like the above A.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on investigation (information input and a report on arrest of suspects), and a report on detection by the Incheon Airport Customs Office;

1. Seizure records;

1. The application of Acts and subordinate statutes to response to each analysis result, notification of the results of legal and chemical appraisal (in case of investigative record 123 pages);

1. Relevant Articles of the Act on the Control of Narcotics, etc. and the Defendants: The Defendants who choose to commit a crime: Articles 58 (1) 6, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc.;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 20

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act (The following sentencing conditions shall be taken into account as stated in Article 51 of the Criminal Act);

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

1. The Defendant A’s crime of this case imported approximately 133 g of philophones by concealing them into the bottom and panty. The amount of imported philophones is considerably high, and the crime of this case is not very high in that it was intended to sell them in the Republic of Korea. Thus, Defendant A’s strict punishment should be imposed.

However, the fact that the defendant is recognized to commit the crime and is against the defendant, and the defendant's will.

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