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(영문) 대구지방법원 안동지원 2018.11.09 2018고단490
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 1 and 2 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a foreigner of Chinese nationality who is not a narcotics handler.

No person other than a narcotics handler shall possess, possess, use, transport, manage, import, export, prepare, prepare, administer, administer, trade, assist in trade of, possess, deliver, or deliver a psychotropic drug.

On July 28, 2018, the Defendant: (a) received a proposal from a person under whose name named “B” was called “B” at a French site at the end of the end of the month, to “I would pay USD 7,000 on the face of the week during which delivery services would be rendered to Korea; and (b) entered Korea around July 28, 2018.

On July 31, 2018, at around 12:34, the Defendant: (a) received 1 km from a female under his/her name, in accordance with the direction of “B” in front of the escape room of a female with D's clothes store located in Seoul, and (b) received 1 km from a female under his/her name, and paid less than part of (0.35 g) from among hotel F3 points G located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, on the same day, at around 13:30 on the same day, he/she possessed approximately 1 kg of the said gate for the purpose of transferring his/her name to male in the coffee shop located in the name of Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to I;

1. Protocols of seizure and list of seizure, replys to appraisal, and requests for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (Arrest of a suspect), a report on investigation (related to the upper line of the person who is suspected), a report on investigation (related to the suspect's criminal investigation) and a report on internal investigation (related to the place of sampling transactions);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The basic area (from October to two years) of the sentencing criteria (the scope of the recommended punishment) (the scope of the recommended punishment) and the basic area (the items (b) and (c) of the said items) of the three types, including medication and simple possession, etc.;

2. The defendant who has rendered a sentence shall be sentenced in China.

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