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(영문) 창원지방법원 2016.11.17 2016고합232
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person other than a person handling narcotics shall administer or import psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered and imported psychotropic drugs, MaD MaMA’s EX name, X-type, and EX-type (hereinafter “EX-type”). around 23:00 on July 30, 2016, the Defendant administered EXP-type only at D clubs within Australia (Perth). Around 23:00 on July 30, 2016, the Defendant directly purchased an X-type for the purpose of medication, etc., and sent it to the Republic of Korea. Around 02:0 on early August 8, 2016, the Defendant purchased 136 x-type, X-type, 1.94 g, and then concealed EXP-type in the iron-type, EXP-type, and then sent it by international mail at around 2018.28, the Defendant sent it to the EXM-type, 2016.

On the 18th 14:20 of the same month, the Defendant received 136 hours in X-si and 1.94g in X-si, which were delivered at the Defendant’s residence in the F apartment 1208.

The Defendant imported psychotropic drugs as above.

Summary of Evidence

1. Defendant's legal statement;

1. The list of seizure records;

1. Reporting on detection and analysis results, and the application of Acts and subordinate statutes of the narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Regulation of Relevant Acts and the Selection of Narcotics, Etc. concerning Criminal Facts, and Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the occupation of the import of the X-mail and the selection of the limited penalty);

1. Of concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment heavier than that provided for in the Act on the Control of Narcotics, etc. (referring to the aggravation of concurrent crimes) shall be added to the concurrent crimes (the above two crimes).

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