logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.06.08 2017고합22
마약류관리에관한법률위반(향정)
Text

1. Defendant A shall be punished by imprisonment for four years.

Nos. 1 and 2 of the seized evidence shall be respectively from the above defendant.

Reasons

Punishment of the crime

No person shall import any native mental medicine.

Nevertheless, the Defendants, as illegal aliens of Vietnam’s nationality, conspired to import bareboat AMB-FUINACA (hereinafter “HBA”) from Vietnam as follows: JWH-018 similar chain, which is a local mental medicine, as follows.

Accordingly, the Defendants: (a) concealed 17.85g Hub drug 17.85g in the area of Vietnam, and sent it by international registered mail on January 20, 2017; and (b) sent it to the Incheon International Airport (VN) E on January 20, 2017.

Then, on February 1, 2017, the Defendants attempted to receive the international postal items concealed by the said hub drugs delivered by the Vietnam restaurant in the G “G” in the Kimhae-si F, Kim Jong-si on February 1, 2017.

As a result, the Defendants conspired to import the native mental medicine.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the prosecution with regard to H;

1. Written response to the results of the analysis;

1. Reporting on the detection of exposure to AMB-FUINAA by Vietnamese International Extraordinary Post;

1. Each investigation report (a letter sent and received with B - presumption of an accomplice to narcotics, and attachment of messages stored in a portable phone) and the application of each statute attached thereto;

1. Relevant legal provisions and the choice of punishment for the crime - Defendants: Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Narcotics Control Act, and Article 30 of the Criminal Act

1. Reduction of volume - Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances favorable to the following grounds for sentencing)

1. Suspension of execution - Defendant B: Article 62(1) of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing as follows);

1. Confiscation - Defendant A: The Defendant B and the defense counsel’s argument regarding the assertion of the Defendant B and the defense counsel under the main sentence of Article 67 of the Narcotics Control Act; Defendant B and the defense counsel did not import the hybrid drugs in collusion with the Defendant A; and the said international mail was received upon Defendant A’s request.

arrow