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(영문) 서울북부지방법원 2012.12.07 2012고합552
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized 30.4g (No. 1) shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On October 9, 2012, at around 21:00, the Defendant, along with C, administered a penphone by inserting a large quantity of merpters (one penphone, hereinafter referred to as the “copon”) on the apartment located in the city of Cheonggu in China with C, and then cutting down the following in a scopon on the scopon on the scopon, and then taking a scopon in a scopon using the scophum as soon as possible.

2. On October 11, 2012, at around 12:30, the Defendant entered the above apartment complex, with the Defendant’s body hiddenly and entered the Republic of Korea, and consented to the Defendant’s offer to offer KRW 5 million upon delivery to a person designated by C from Ansan City D, with the intention to offer KRW 5 million in the face of delivery to a person designated by C from Ansan City, and then concealed the 30.4g Handphone into the inner clothes, and then imported the Handphone by entering the Incheon central government in the territory of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, on October 18, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigation report (report on the measurement and confirmation of seized articles);

1. Ratification (the result of evaluation of a lawsuit or seized articles and the result of evaluation of a maternity);

1. Application of the statutes on the preliminary report on narcotics;

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Regulation of Relevant Acts and the Selection of Narcotics, Etc.) concerning the facts constituting an offense, and Articles 58 (1) 6, and 4 (1) and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, etc. and Selection

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes on the Control of Narcotics, etc. (limited to the sum of the crimes of the crimes of the above two crimes)] among concurrent crimes;

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

1. One minute of penphones administered under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection;

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