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(영문) 인천지방법원 2015.07.03 2015고합277
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 5 shall be confiscated, respectively.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant: (a) divided half of 18.6 grams, psychotropic drugs, at the Defendant’s office located at Hannam-si, China, into the Defendant’s office, and stored them in the Defendant’s register; (b) was on board at 12:2 (China Hours) A, which departs from the Chinese route at 15:37 on the same day, and arrived at the Incheon International Government Provision Port located in Jung-gu, Incheon, Jung-gu, Incheon.

Accordingly, the Defendant imported psychotropic drugs, even though he is not a narcotics handler.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Each investigation report (measurement of weights for request for appraisal referred to in subparagraphs 4 and 5, and verification of the starting time of the flight path for a suspect on board);

1. Status of entry or departure of each individual;

1. The report on the results of analysis;

1. Copies of hot cans; and

1. Application of the Acts and subordinate statutes to X-RAY photographs, philophonephones discharged from the suspect's port text, and photographic photographs, seized articles photographics;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Reduction elements [the scope of recommendation factors] of types 3 (narcotics, narcotics, flag (a), items (b) and (b), etc.) of the sentencing guidelines: The basic area in which no criminal punishment is imposed [the scope of recommendation factors]: 4 years to 7 years of imprisonment.

3. Determination of sentence: In the case of narcotics crimes such as the instant crime in December and June, 200, it is not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole, and further, the importation of philophones is spreading and resulting in the spread of narcotics.

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