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(영문) 광주지방법원 2013.03.28 2013고합50
마약류관리에관한법률위반(향정)
Text

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

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant is not a narcotics handler.

On January 2013, the Defendant, along with C residing in China, sought to import psychotropic drugs-related psychotropic drugs-related mail (one philopon; hereinafter referred to as “philopon”) into the Republic of Korea by using international specialty mail.

C around 15:00 on January 23, 2013, around 15:00, after inserting approximately 1.99g of oponononon at the small office of the fire-fighting in the small-gu Incheon Metropolitan City, the aircraft sent by international special grade mail at around January 25, 2013, indicating the recipient’s “D,” the delivery place “Korea, Gwangju Metropolitan City E 202, and telephone number “F,” and the aircraft sent by international special grade mail. As above, at around January 25, 2013, 337, the aircraft loaded with international special grade postal items whose oponon is concealed, arrived at the Incheon National Port Provision around 13:24.

Accordingly, the defendant imported approximately 1.99g philophones into the Republic of Korea in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure protocol (No. 12 No. Serials of Evidence list);

1. Application of Acts and subordinate statutes to the investigation report (No. 33 of the evidence list);

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 58 (1) 6, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., and Article 30 of the Criminal Act concerning the crime;

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. Social service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The act of importing philophones, such as the instant crime, is likely to cause crimes such as the sale and purchase of philophones, medication, etc., and crimes of any other kind resulting therefrom, and may encourage the international distribution of philophones, etc., and thus, it is necessary to punish the Defendant with severe harm.

On the other hand, the defendant was imported.

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