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(영문) 서울중앙지방법원 2014.03.20 2013고합1472
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

The defendant is not a person handling narcotics.

Nevertheless, on June 12, 2013, the Defendant: (a) set the place where the Defendant sold temporary psychotropic drugs via D(E) 5F-UR-144 (hereinafter “Synthetic marijuana”); (b) issued orders for synthetic marijuana with KRW 1.5 million, 1.5 million, around the mutual convenience store located near the F Station in Jung-gu Seoul, Jung-gu; and (c) issued orders for synthetic marijuana with approximately 75g of synthetic marijuana issued orders to a foreign country in an unwritten manner; (d) on July 12, 2013, the Defendant concealed it in an international special class of postal items and arrived at the port of Kimpo-si from Japan on July 12, 2013.

After that, around 10:35 on July 19, 2013, the Defendant received international express postal items containing approximately 75g of the above synthetic marijuana in the office of 1809 office in Jongno-gu Seoul Metropolitan Government G Building.

Accordingly, the defendant purchased synthetic marijuana from the person who was not his name.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the detection of synthetic marijuana (5F-UR-144) using Japanese express international postal items, reports on the results of analysis, replys to analysis, inquiries into ems whereabouts, and notices of the Ministry of Food and Drug Safety;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 3, Article 3 subparagraph 5, subparagraph 3 (a) of Article 2 and Article 5-2 (5) of the Act on the Selection of and Management of Narcotics, Etc. for Crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly considered for the reason of sentencing).

4. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of applicable sentences] shall be sentenced to imprisonment with prison labor for not less than two years and not less than 6 months but not more than 15 years (the determination of types of narcotics], such as sales, brokerage, etc.

Bags, etc. [Special Convicts] Mitigations: Where there are extenuating circumstances in relation to the commission of a crime or motive for a crime.

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