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(영문) 수원지방법원 성남지원 2018.04.05 2018고합10
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 2, 2017, the Defendant had access to the Internet site (E) by using a computer at the Defendant’s residence located in Seongbuk-si, Sung-si, Sung-si, and ordered 45.3g total of 3gs of mushrooms containing a new (Psilcyn) component as a psychotropic medicine.

On September 11, 2017, the name-freeist sent the above mushroom to the defendant by international ordinary mail in the Netherlands, which arrives at the Incheon International Public Port around 19:33 around September 2017.

Accordingly, even if the Defendant is not a narcotics handler, he imported mushroom containing celebs as a psychotropic medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on detection, detection photographs, response to results of analysis, and each investigation report (Attachment of a photograph to the closure of the original website, and a new "Pstilcyn data" as the resignation);

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

1. Relevant Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and Selection of an organic imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. - The scope of sentence recommended when applying the sentencing guidelines established by the Supreme Court Sentencing Committee to the type and sentencing factors of the instant crime is between two and six months, and not more than five years, and the following circumstances are considered to determine the same sentence as the order - The amount of the mushroom imported by the Defendant is relatively small, and the Defendant is discovered in the course of delivery and cannot be held by the Defendant because it is discovered in the course of delivery - the Defendant’s mistake is recognized, against the Defendant’s wrong, and his family is leading to the Defendant’s family - there is no history of criminal punishment - the Defendant has been serving as a researcher for the development of cultural contents by returning home to Korea

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