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(영문) 인천지방법원 2020.01.16 2019고합879
마약류관리에관한법률위반(마약)
Text

1. The defendant shall be punished by imprisonment for three years;

2. Provided, That the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 13:00 on November 14, 2019, the Defendant used the name-free local (one’s name “B”) in the office located in the U.S. Oral farm located in the name-free farm located in the U.S. Oralle, in a manner that inhales cocars into coconcis.

2. On November 16, 2019, at around 10:50 (Local Time) of 10:50, the Defendant concealed two white bags of transparent plastic bags containing approximately 2.6g and approximately 2.95gs of Cocars and one plastic bags containing 2.95gs in test color, and carried them in Category D and arrived at a passenger terminal of Incheon International Airport No. 2446, Jung-gu, Incheon, Jung-gu, Incheon, as 21, on November 17, 2019.

Accordingly, the Defendant imported 5.5g a total of the cocars in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. A report on customs detection;

1. Records of seizure and the list of seizure;

1. The current status of entry or departure;

1. As a result of customs analysis, the application of the respective Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 1, subparagraph 1 of Article 3, subparagraph 2 (d) of Article 2, Article 58 (1) 1, Article 4 (1) 1, and subparagraph 2 (d) of Article 2 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense, and the selection of a limited term penalty (the occupation of cocar revenue and the choice of a limited term penalty);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of adding up the long-term punishment for the violation of the Act on the Control of Narcotics, etc. (Narcotic Drugs) on the grounds of imports of heavy cocars);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Article 67 of the Act on the Control of Narcotics, etc.

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