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(영문) 대전지방법원 2014.04.10 2013고합535
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

The defendant is an employee who entered Korea with an employment visa and works as a driver for forkive driving in D Co., Ltd. in Chungcheongnamyang-gun, Chungcheongnam-gun, Chungcheongnam-do.

The defendant is not a person handling narcotics, and thus shall not import psychotropic drugs.

On November 2013, the Defendant demanded a person under whose name it was in Thailand to seek “YABA” from a person under whose name it was known that psychotropic drugs had been in Thailand in Thailand.

At the request of the defendant, the above person in bad name was placed in the territory of Thai, 95 marbed, sealed, sealed, sealed in the salted fish bed, sent in a disguised international mail, and the international mail containing the above marb was sent in a disguised manner by means of international mail on the 14th day of the same month, around 17:07, in the Asia (OZ) and 742 parts of the 14th day of the same month, and passed through the customs search stand.

Accordingly, the Defendant imported a psychotropic drug cl.e., a psychotropic drug cl.m.

Summary of Evidence

1. Legal statement of witness E;

1. Seizure records;

1. Each investigation report (the result of analysis of the receipt and control delivery plan of the international express postal items concealed at 95, the place of seizure and the attachment of seized objects to photographs, the telephone call at the post office on the face of emulation, and cell phone extraction data);

1. Report on the detection of YABA 95 scheduled international mail in the Thailand;

1. Responses to the results of the analysis;

1. Investigation report on entry into or departure from Korea;

1. Response to a request for appraisal;

1. Application of the Acts and subordinate statutes to report cartox text messages;

1. Article 58 (1) 6, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Punishment of Crimes and the Selection of Narcotics, Etc.;

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. In cases falling under the main sentence of Article 67 of the Act on the Control of Narcotics, etc. and Article 48 (1) 1 and 3 of the Criminal Act, part of appraisal was consumed; and

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