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(영문) 인천지방법원 2014.02.07 2013고합828
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

Even if the Defendant is not a person handling narcotics, on December 2, 2013, the Defendant possessed 0.47gg of psychotropic drugs, which are psychotropic drugs delivered by China, from China, at a non-exclusive apartment in the Dong-dong of China, and imported approximately 0.47g of philopon, by getting aboard D, which is departing from the port of simple port of China, around 15:00 on December 5, 2013 and entering into the Incheon Port 1 International Passenger Terminal located in the Dong-dong of Jung-gu Incheon Metropolitan City on December 10:00 on December 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (information input reports and reports on the arrival and arrival of an investigation) and arrest reports;

1. Each request for appraisal;

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

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the Selection of Narcotics, Etc. concerning Criminal Facts (Selection of Imprisonment for a limited term);

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Reasons for sentencing under the main sentence of Article 67 of the Confiscation Narcotics Control Act [the scope of punishment] : (a) 2 years and 6 months to 15 years [the scope of recommending punishment] ; (b) 3 years to 4 years to 7 years; (c) the group of narcotics crimes; (d) 3 years to 3 years to 7 years; (e) the act of importing narcotics; and (e) tightly, the act of importing narcotics is highly likely to cause serious social harm; and (c) 4 years to 2 years and 3 years to 3 years to 3 years to 4 years; and (e) the act of importing narcotics is highly likely to cause serious harm; and (d) the Defendant has been punished for committing a crime of scoponing in China in 2010; and (e) 4 years to 2010 to scoponing the instant copon.

However, the defendant recognized a crime from the beginning of the investigation to reflect his depth, and the defendant imported a philophone for personal use not for distributing it in Korea.

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