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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is not a person handling narcotics.

On September 23, 2013, the Defendant purchased 5F-AKB-48 and 5F-PB-229g, a temporary psychotropic drug, by accessing the Defendant’s home located in Daegu-gu, Daegu-gu, 204 Dong 704 to “D” site from smartphones, and requested the Defendant to send 67.5g of the price by credit card to Korea.

On September 27, 2013, the Defendant received 5F-AKB-48 and 5F-PB-229g on October 7, 2013 at the Defendant’s home around 09:23, the Defendant received 5F-AKB-48 and 50-PB-229g of temporary psychotropic drugs, which were contained in the Incheon State’s supply port located in Jung-gu Incheon, Jung-gu Incheon, Incheon, through E, the Defendant’s birth.

Accordingly, the Defendant imported 5F-AKB-48 and 5F-PB-229g, temporary psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Seizure records;

1. Application of Acts and subordinate statutes on designation of temporary narcotics, etc. and reports on detection of synthetic marijuana using international registered mail, results of response to analysis;

1. Article 58 (1) 3, Article 5-2 (5), subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 concerning the facts constituting an offense;

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. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. Article 62-2 (1) of the Criminal Act for community service and lecture attendance order;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Calculation of Additional Collection Amount under the proviso of Article 67 of the Narcotics Control Act: the Defendant imported 5F-AKB-48 and 5F-PB-29 g, a temporary psychotropic drug, in the currency of the European Union, 67.5 g, among which 0.1g was consumed for appraisal, and 8.4g was confiscated and sentenced to confiscation.

Therefore, on October 7, 2013, an amount equivalent to the remaining 0.5g of European Union, 3.75 U.S. dollars for the said provisional psychotropic drugs import date.