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(영문) 인천지방법원 2017.10.13 2017고합492
특정범죄가중처벌등에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for seven years.

No. 992.52 gram (Evidence No. 1) of seized philophones shall be proved in the total list of articles seized.

Reasons

Punishment of the crime

On August 4, 2017, at around 17:00, the Defendant: (a) 203 of D hotel D hotel D hotel 17:0, the Defendant: (b) opened a white cover containing approximately 992.52 grams in the part receiving approximately 992.52 grams from a male, Chinese, in the name of the Republic of Korea; (c) and arrived at the Incheon International Airport around August 5, 2017, using approximately 0.3 grams, containing approximately 5.32 grams in the white cover; (d) opened a white cover containing approximately 997.54 grams, containing approximately 0.3 grams in the white cover; and (e) opened an airport where the Republic of Korea departs from the Republic of Korea on August 12:3, 2017 (on-site hours) and arrived at around 17:10, Incheon International Airport.

As a result, even though the Defendant is not a narcotics handler, he imported approximately 97.54g of phiphonephones, which is a local mental medicine equivalent to the market value of KRW 9.7 million, in the Philippines.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Report on the detection of the Incheon Customs Office and one photograph, one copy of the request for the analysis of the ingredients of the Incheon Customs Office, and one copy of the response thereto, and one copy of the response thereto, respectively, and the application of the Acts and subordinate statutes of Met

1. Relevant Article 11 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 58 (1) 6 and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Narcotics Control Act (the occupation of import of phiphones and the choice of imprisonment for abandonment);

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

1. The scope of punishment by law: Imprisonment for not less than five years but not more than 15 years;

2. Although the sentencing criteria are not set for the current legal provisions applicable to the instant crime, the sentencing criteria are not set for the instant crime, it may be deemed that the instant crime constitutes a crime under Article 58(1)6 of the Narcotics Control Act, which is the basic element before aggravated punishment, and the narcotics amount to KRW 50 million or more, and thus, the scope of the sentencing guidelines are examined by applying the sentencing criteria.

[Determinations of types] Narcotics.

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