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(영문) 서울중앙지방법원 2017.05.12 2017고합111
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

The seized 40 grams (No. 1, seized penphone 41.03gs.

Reasons

Punishment of the crime

The defendant is not a person dealing with narcotics as a ship of Chinese nationality.

On February 3, 2017, the Defendant: (a) concealed approximately 41.03 grams of Mepters (the so-called “philopon”; hereinafter referred to as “philopon”) who are a native mental medicine at the Dong-dong airport of Chinese injury, in his/her own money; and (b) boarded into D who departs from the Sin-dong airport of Chinese injury on the same day at around 16:25 of the same day, and arrived at the Incheon International Airport located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon on the same day.

Accordingly, the Defendant imported approximately 41.03 grams of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Notification of the results of each legal chemical appraisal;

1. Each protocol of seizure;

1. The entry or departure status of each individual;

1. Reporting on the arrest of the victim;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the reaction of the training of suspects A, Ethographs, identification card of domestic residence report and passport copy, attachment of seized objects to the suspect's foreign nationality Korean nationals abroad, and attachment of seized objects);

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (elective imprisonment)

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 shall be considered for the reasons for sentencing):

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The scope of punishment by law: Imprisonment for not less than two years and six months - 15 years;

2. Scope of the recommended punishment on the sentencing criteria / [the types of decisions] that have no three types (narcotics, drug, set (a), (b) and (b) etc.) [the area of recommendation and the scope of the recommended punishment] (the area of recommendation and the scope of the recommended punishment], four years in imprisonment, and seven years.

3. Determination of sentence: Imprisonment for three years (unfavorable circumstances) with prison labor; the crime of this case is deemed to have been imported by the defendant about 41.03g of Handphones.

The crime related to philophones is highly likely to cause harm to the whole society as well as the relevant individuals due to their toxicity, and among them, the importation of philophones is the spread of narcotics.

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