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(영문) 창원지방법원 2013.07.11 2013고합113
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person shall export or import drugs or substances containing such drugs, which might be misused or abused, are not used for medical treatment, lack of safety, and may cause severe physical or psychological dependence when misused or abused them.

On March 30, 2013, the Defendant: (a) asked a person, who cannot know the name in the Netherlands via the Internet, to send psychotropic drugs JW-210 and Catatom; (b) the said person, in five plastic containers in the original form, JWH-210 32.68gs, divided the JW-210 into two retail package; (c) Catom 8.16gs into two retail package; and (d) sealed them into an international mail from the Netherlands around April 5, 2013; (b) the said postal item arrives at the Incheon public port around 08:37 Malaysia; and (c) on April 22, 2013, the Defendant received the said postal item from D High School at the above 3rd Da high school in the shape of JW-210 on April 11, 2013.

Accordingly, the Defendant conspiredd with a person who could not know the above name, and imported JWH-210, and Craatom.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Reporting on the detection of synthetic marijuana 32.68g, Craatom 8.16g, investigation report (verification of phrases, etc. purchased by a suspect), and investigation report (verification of the details of purchase of a suspect);

1. Records of seizure by prosecution;

1. Application of response legislation as a result of the analysis;

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

2. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of JWH-210, whichever is heavier).

3. Selection of punishment and limited imprisonment; and

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

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

6. Article 67 of Act on the Control of Narcotics, etc.

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