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(영문) 인천지방법원 2017.01.06 2016고합627
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for four years.

Among the cocars listed in subparagraphs 1 through 20, each of them shall be used for each appraisal.

Reasons

Punishment of the crime

The Defendant, who is not a narcotics handler, did not import caine (Cocine) as a narcotics handler, but imported caine as follows.

On September 1, 2016, the Defendant: (a) taken three file files for storage of documents containing approximately 6,46.07gg cocars from his/her employees in the South and North Korean drug department at the hotel room in Colombia reported at around September 1, 2016, into a bridge for travel; (b) taken five boxes into a package for travel; (c) taken the same day from the other airport of Colombia reported at the P.M. and then imported ccos to the Incheon International Airport on September 11:43, 2016 by starting from the other airport of Colombia reported at P.S. on the same day and using the ccos in advance in Brazil and the A.M.; and (d) imported them from the A.M. to the Republic of Korea using E aviation from the A. D in the A. P. P. S., at around 11:43, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of seizure by the prosecution (list of evidence No. 8);

1. F and replys to the results of the analysis, and notification of the results of the legal and chemical appraisal (compactivity appraisal);

1. Original and translation of the e-mail of the recipient;

1. A report on customs detection;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 10, 12, 13, 28, 30 of the evidence list);

1. Article 58 (1) 1, Article 4 (1) 1, and subparagraph 2 (d) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;

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 among the reasons for sentencing)

1. Determination on the assertion by the defendant and his defense counsel under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.

1. The summary of the argument was that the Defendant passed the Incheon Airport entry inspection platform, but did not go out of the entry port, and thus, the Defendant was smugglinged into the Republic of Korea.

shall not be deemed to exist.

Therefore, since the crime of this case constitutes a foreigner's overseas crime, there is no jurisdiction over the Korean court.

In addition, the Defendant is the International Support Fund for Victims of International Fraud of the IMF from the name-free boxes (one name “G”, “G”) (hereinafter “G”).

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