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(영문) 인천지방법원 2014.09.26 2014고합495
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 is not a person handling narcotics.

1. Around 02:00 on July 10, 2014, the Defendant administered psychotropic drugs at the Defendant’s office located in the ASEAN of Japan, by inserting them into the drafting by affixing them a psychotropic drug’s cathophone (one penphone, hereinafter “cathophone”).

2. On July 10, 2014, at around 13:55, the Defendant: (a) entered approximately 7 ghonphones in another international air port located in the Jung-gu Incheon Metropolitan Government, in three plastic bags; (b) boarded the aircraft departing from the Republic of Korea by inserting them into three plastic bags; (c) around 15:59, on July 10, 2014, the Defendant arrived at the Incheon International Port of Supply in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and imported honphones.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report;

1. Travelers' entry into or departure from the Republic of Korea, analysis result report, and appraisal result report;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, Etc., and Selection of a limited term of imprisonment for the importation of

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the long-term punishments of crimes of violation of the Narcotics Control Act due to the Import of Heavy Handphones, etc.];

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 (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. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of the amount of additional collection: 925,00 won = The value of a sealed philopon = 825,000 won [5.5g excluding the portion confiscated from among tight philopon] x 1g a philopon around February 2013;

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