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(영문) 서울서부지방법원 2014.10.28 2014고합247
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four years.

A summary of 17.8g (No. 1) of a seized penphone shall be confiscated from the defendant.

Reasons

Punishment of the crime

At around 19:00 on September 16, 2014, the Defendant: (a) concealed psychotropic drugs-related psychotropic drugs-related Metepha (hereinafter “copon”) 17.8 g (copon”); (b) boarded 675 at the Chinese Grand Port; (c) arrived at the Incheon International Port of the Republic of Korea at around 21:15 on the same day; and (d) imported them in a way of passing through the Incheon International Airport Customs Search Organization at around 22:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure of affairs conducted by judicial police officers;

1. Investigation report on the preparation of handling affairs by judicial police officers (Attachment to photographs, etc. of philophones in possession of a suspect).

1. A preliminary research report on narcotics prepared by the National Institute of Scientific Investigation;

1. Requesting the preparation of Incheon Airport Customs Office for the analysis of ingredients, and applying the results of analysis review-related statutes;

1. Article 58 (1) 6, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. for the crime;

Bad imprisonment (Selection of Imprisonment with prison labor)

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing under the main sentence of Article 67 (No. 1) of the Act on the Control of Narcotics, Etc.

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence], export, import, manufacture, etc., and the basic area (one year to seven years of imprisonment) of the types of subparagraph 3 (narcotics, drug substances, items (a) and (b), etc.) (one year to seven years of imprisonment];

2. Determination of sentence;

A. As a matter of course, narcotics-related crimes may cause serious harm to society as a whole due to their toxicity, such as physical and mental dissipation of the relevant individual due to their toxicity, and their diffusion difficult to control the distribution channel, etc., there is a social consensus on the necessity of punishing the relevant crime in order to eradicate narcotics-related crimes, and in particular, phiphonephones are likely to mislead or abuse narcotics.

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