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(영문) 창원지방법원 2013.08.29 2013고합174
마약류관리에관한법률위반(향정)
Text

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

1,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 201, the Defendant received a proposal from C to transport psychotropic drugs (DAPA) to the Republic of Korea from the Defendant’s house located near Vietnam, even though he is not a narcotics handler, and accepted it.

1. The Defendant: (a) received from May 8, 201 to September of the same month the payment or approximately threeg from C at the above Defendant’s home; (b) boarded on May 11, 201, when he/she was boarding a Vietnam aircraft with payment or payment in his/her home at the airport around 01:00, while hiding in his/her home at the airport at around 06:40, May 11, 2011; and (c) arrive at the port of Kim Sea on May 11, 2011;

2. Around July 27, 2011, the Defendant received 3gs from C at the above Defendant’s office, and around 23:30 of the same day, the Defendant boarded Vietnam’s aircraft at the airport of Vietnam with payment or delivery in his/her own house while hiding it at his/her own house at the airport of Vietnam at around 05:50 on July 28, 201;

3. Around August 30, 2011, the Defendant received 3gs from C at the above Defendant’s house, and around 23:30 of the same day, the Defendant was on board the aircraft Vietnam with payment or delivery at the airport in his/her own house while hiding it at his/her own house at the airport, and arrived at the Incheon Airport at around 05:50 of August 31, 201.

Accordingly, the Defendant imported the psychotropic drugs respectively through three times as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to individuals on their entry into and departure from the Republic of Korea and investigation reports (airtime verification);

1. Article 58 (1) 6, and Article 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts and the selection of punishment for each crime;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (referring to a concurrent crimes with punishment prescribed in paragraph (3) of the same Article as the most severe punishment];

3. Discretionary mitigation Criminal Act;

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