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(영문) 춘천지방법원 강릉지원 2013.12.12 2013고합85
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, of Canada’s nationality, entered the Republic of Korea for the purpose of English language guidance on October 2, 2012, and is an English instructor of “D” located in Gangseo-si, Gangnam-si, from October 22, 2012, and is not a person handling narcotics.

On July 16, 2013, the Defendant purchased psychotropic drugs from sales stores with no identification of the name in the United Kingdom, and ordered the above 5F-AKB-48 (one synthetic hemp) to import them in the Republic of Korea through an Internet website (E) to import them in international registered mail, and paid the price ($ 86) by his/her own credit card. On August 16, 2013, the Defendant received approximately 5F-AKB-48g(No. 14) (No. 1) delivered from the United Kingdom to the United Kingdom (BA) 017, delivered from August 16, 2013 to the Incheon International Postal Service (BA) at around 17:0 of the same day.

Accordingly, the Defendant imported approximately 14g(Evidence No. 1) of psychotropic drugs, 5F-AKB-48.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (designation of temporary narcotics);

1. 5F-AKB-48 g 14.25g photographs of exposure, results of analysis, circulars, means of transport, and images to a homepage using the English letter-post item;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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

1. Optional sentence and limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] : 2 years and 6 months to 5 years [the mitigated area of Type 3, such as the manufacture, etc. of import and export of narcotics (the difference between the law of home country and the law of the Republic of Korea, confusions with the difference between the law of home country and the law of the Republic of Korea, and the instant psychotropic drugs are relatively recent designated as temporary

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