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(영문) 인천지방법원 2014.03.14 2014고합20
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six years.

The seized white 700.3g (Evidence 1, remaining remaining after appraisal).

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

The Defendant, under the direction of C (one-person “D”) in China, expressed the intent of F (one-person “G”) to closely import the philopon from China to the Republic of Korea, along with C and F, by way of receiving the psychotropic drugs from Korea via C and E.

At around 16:30 on May 4, 2010, the Defendant: (a) laid off a audio stack (Evidence No. 2) with approximately 703.3g (Evidence No. 1) hidden from philophone at a place below the risk of China; (b) on May 4, 2010, E had a audio stack concealed from the port of China on the same day, and entered the port of Incheon Port 2 International Passenger Terminal around 10:45 on May 5, 2010.

Accordingly, in collusion with C and F, the Defendant imported approximately 703.3g of philophones from China to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of I and E by each prosecutor;

1. Copy of the prosecutor's statement to J;

1. Investigation reports (report accompanied by photographs), investigation reports (report accompanied by data on the current status of entry and departure of individuals of the A), and the report of results of analysis;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 6, and Articles 4 (1) and 2 subparagraph 4 (b) of the Act on the Management of Narcotics, Etc., and Article 30 of the Criminal Act, Article 58 (1) 4 of the same Act concerning facts constituting an offense and the former Act on the Management of Narcotics, Etc., which was elective (Amended by Act No. 10786, Jun. 7, 201;

1. Grounds for sentencing under the main sentence of Article 67 of the former Act on the Control of Narcotics, Etc.;

1. The scope of punishment by sentence: Imprisonment for not less than five years;

2. The scope of recommendations according to the sentencing criteria (determination of types), the group of narcotics crimes, and the basic area of the class 3 (Scope of recommendations) of mass crimes: 8 years to 11 years.

3. Decision of sentence: The act of smuggling import of narcotics for 6 years or more with prison labor is highly likely to undermine the health and social safety of the people and the act of phiphones are different.

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