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(영문) 인천지방법원 2014.02.19 2014고합3
마약류관리에관한법률위반(마약)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Use of coaches;

A. On December 25, 2013, the Defendant: (a) around 19:00, at the toilet No. 606 of the D hotel located in Paris in Paris; (b) deducted tobacco tobacco tobacco’s tobacco’s tobacco plant; and (c) added approximately 0.14g out of approximately 1.3g of about 1.3g of the cocar purchased from the French in the name of the French (Korean KRW 1.50,000), and used the ccar in a way of spreading the smoke with a fire attached thereto.

B. At around 02:00 on December 26, 2013, the Defendant administered and used approximately 0.14g of approximately 1.3g, Cocars purchased, as above, at the toilets of the above D Hotel 606, about 0.14g in the above manner.

2. At around 20:30 on December 29, 2013, the Defendant: (a) concealed approximately 1.02 g of the cococar, which was purchased at the French Diplomatic port as above, in a cremation site; and (b) boarded approximately 1.02g of the remaining cococar in the bropi; and (c) arrived at the Incheon National Port of Supply located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, on December 30, 2013.

Accordingly, the defendant imported approximately 1.02 g in France to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the number of information inputs of cocars, the results of requests for appraisal by cocars, and the verification of excursion ships as a result of urine appraisal);

1. A report on the results of the preliminary test for narcotics, and a response to each request for appraisal;

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

1. Article 60 (1) 1, Article 3 subparagraph 1, subparagraph 2 (d) of Article 2 and 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 limited imprisonment for a definite term;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes as provided for in the Act on the Control of Narcotics, etc. due to Import of Cokks with the largest punishment] among concurrent crimes;

1. The favorable circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act are the reasons for discretionary mitigation.

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