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(영문) 대구지방법원 2014.05.02 2013고합585
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2.Provided, That the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On October 7, 2013, the Defendant imported psychotropic drugs by bringing them into the international express postal items concealed between JWH-018g, a psychotropic drug, and its similar body (hereinafter referred to as “Sphphs”), AM-2201 30.58g, RCR-48.95g, MAM-2201.22g, and MAM-2015.22g.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Copy of each protocol of examination of suspect to prosecution about D and E;

1. The prosecutor's statement concerning the F;

1. Records of seizure and the total list of seized articles;

1. Mutual assistance investigation instruction, prior information report, request for mutual assistance, results of analysis;

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying document);

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

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. Judgment on the defendant's assertion under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics

1. Although the Defendant knew that F, who is a woman of matrimonial engagement, was delivered to the defendant or the defendant's friendship, received international postal items in his/her possession, as stated in its reasoning, he/she argued that he/she was not aware of the fact that he/she directly issued an order for SPS access to the Chinese Internet website, and that he/she did not import them by means of delivery, and that he/she was not aware of the fact that international postal items contain narcotic substances, and that he/she strongly denied criminal facts.

However, the following circumstances recognized by the evidence of the judgment, i.e., ① the addressee of an international postal item concealed in the SPS, is "G" similar to the name of the defendant, and is received.

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