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(영문) 인천지방법원 2018.04.20 2018고합84
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

The seized red litress 984(No. 3) and green 10(No. 4) respectively.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a handler of narcotics, the Defendant: (a) had a person without a name (hereinafter referred to as “C”) in Thailand arrive at the Incheon International Airport located in Jung-gu Incheon International Airport (hereinafter referred to as “F”) around February 6, 2018, after concealing and packing the 994 "Bi" containing the Melopic content of the Melopic clopic (hereinafter referred to as “Melopic”), which is a primary mental medicine, into the cosmetic container; and (b) stated the recipient “D” and address “B” and sent it to an international registered mail (F).

In this respect, the Defendant imported Ba.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. The detection and investigation report (the confirmation and signature of the receipt of international postal items) that is made by registered air by a Thailand;

1. Application of the Acts and subordinate statutes to response to analysis results;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) 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. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] that there is no three types (narcotics, flag, item (a), (b), etc.) (the scope of the recommended punishment] (the scope of the recommended punishment] (the basic area). 4 to 7 years (the basic area).

3. The fact that the defendant's decision of sentencing recognized his mistake and did not have any history of criminal punishment in Korea, and that the entire quantity of the imported goods was seized and not distributed in Korea is favorable to the defendant.

However, narcotics-related crimes are all society, such as not only avoiding the body and mind of an individual, but also high risk of undermining the health and social safety of the people, and risk of causing related crimes.

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