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(영문) 인천지방법원 2017.01.20 2016고합699
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for four years.

Among the cocars listed in subparagraphs 1 through 14, each of them shall be used for each appraisal.

Reasons

Punishment of the crime

The Defendant, who is not a narcotics handler, did not import caine (Cocine) as a narcotics handler, but imported caine as follows.

On October 2, 2016, the Defendant, at around 15:00 the same day, deposited four parcels of the files for storage of documents containing about 4,478.05g cocars from the employees handling narcotics in the South and North America at the hotel room in Colombia reported at around 15:0 of the same day (hereinafter “C”), into the Defendant’s travel bags, and deposited the said travel bags at the AV (AV) 249 baggage at the other airport on the same day, using three files for storage of documents containing about 4,478.05g ccocars from the employees handling narcotics in the Republic of Korea, and using at around 15:0 of the same day, the Defendant entered the Incheon International Airport at around 23:23, 2016 using an international airport in the Republic of Korea (hereinafter “EM”).

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of seizure by prosecution;

1. Detection photographs, customs reports, hot cans, signs of travel, passenger reservation data inquiries, copies of documents, weight measurement photographs, English e-mail and translations, and response to requests for appraisal;

1. A report on customs detection;

1. Application of Acts and subordinate statutes to each investigation report (the No. 11, 12, 15, 20, 34 of the evidence list);

1. Article 58 (1) 1, Article 4 (1) 1, and subparagraph 2 (d) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination on the assertion by the defendant and his defense counsel under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.

1. It is true that the defendant's main point of the assertion entered the Republic of Korea with a door containing a cocar.

However, the Defendant is a beneficiary of the IMF’s fraudulent victim support program from a name-free winner (a name-free victim D; hereinafter “D”).

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