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(영문) 인천지방법원 2016.09.30 2016고합302
특정범죄가중처벌등에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Of the Metetop 70.16g (Evidence No. 1) confiscated by the Defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, and is not a person dealing with the click phone (one philophone, hereinafter referred to as “philophone”), but imported philophones as follows.

피고인은 2016. 5. 5. 저녁 경 중국 푸젠성 샤먼( 廈門 )에 있는 상호 불상의 모텔에서, 성명 불상 자로부터 비닐봉지에 담겨 있는 시가 12,808,800원 상당의 필로폰 약 70.16그램을 건네받아 지갑 안에 은닉한 후, 2016. 5. 8. 20:33 경 중국 샤먼 공항에서 중국 샤먼 항공 (MF) D 항공편으로 대한민국 인천 국제공항으로 입국하는 방법으로 필로폰을 수입하였다.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Written inquiry about facts to the Supreme Prosecutors' Office;

1. Records of seizure by prosecution;

1. Reporting on the detection of smuggling imports 70.16 g g merpters by Chinese Warers, and response to analysis results;

1. Application of Acts and subordinate statutes to investigation reports (report on the current market price of Mept ambamins);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 11 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 58 (1) 6 and 4 (1) 1 and 2 subparagraph 3 (b) of Article 2 of the Narcotics Control Act concerning criminal facts;

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

1. The defendant and his defense counsel's assertion of the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. cannot recognize the criteria for calculating the prosecution's standard of calculating the market price of imported phiphones, and even if imported phiphones, the market price of imported phiphones

Even if we do not know about the market price, we claim to the effect that we did not know about the market

If a philophone is imported even though it is not a person dealing with narcotics, it is subject to punishment as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes. However, if the value of imported philophones is at least five million won, it is subject to Article 11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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