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(영문) 인천지방법원 2014.09.05 2014고합250
마약류관리에관한법률위반(향정)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On April 20, 2014, the Defendant: (a) called “C” under the name of “C,” which was known to the Defendant in the course of protruding at the Chinese single nese City at a time unfolding time; (b) called “C” to request 10g or less of philopon; (c) around April 25, 2014, the Defendant received approximately 600,000,000 won in total from “C” to “C” on the front side of the Oral Drie apartment in the Chinese single nese City; and (d) approximately 11.5g or less of psychotropic drugs from “C” (including “one philopon”; and (c) Melopon, a psychotropic drug.

On April 27, 2014, the Defendant boarded the same philophones from the Dongbang-gu, China's simple nese-si to the Republic of Korea, and imported philophones through the Incheon Port 1 International Passenger Terminal in Jung-gu, Incheon, Jung-gu, Incheon on April 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection;

1. Requests for appraisal;

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

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the Selection of Narcotics, Etc. concerning Criminal Facts (Selection of Imprisonment for a limited term);

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. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Recommendations and sentences on the sentencing guidelines (decision of types), the group of narcotics crimes, export, import, manufacture, etc., the third types (narcotics, drug substances, items (a), (b) and (b), etc.) [general person] general investigation cooperation (reduction factors) / [the scope of recommending factors] imprisonment with prison labor for two years and six months to five years ( mitigated areas);

3. Determination of sentence: The health and sociality of the people in the act of smuggling import of narcotics for two years and six months in prison, and for three years in a suspended sentence; and

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