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(영문) 서울남부지방법원 2013.04.12 2013고합42
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

The defendant is not a person handling narcotics.

1. Around September 22, 2012, the Defendant ordered psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related drugs-related 0.03g of philophones-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs-related drugs.

2. On January 15, 2013, the Defendant: (a) searched a website selling phiphones via the Internet; (b) ordered a phiphone sales book using an international telephone to put the phiphones; (c) ordered 200,000 won of phiphones to the account he/she designated.

Accordingly, the above philophone sales policy concealed approximately 0.49g of philophones on the verbal part of women in Hong Kong, and then sent to Korea using the aircraft of Hong Kong Incheon Metropolitan City Doroporo cX412, using the aircraft of Hong Kong, with international specific cargo, and around 11:15 of the same month, the above philophones arrived at the Incheon Airport.

Ultimately, the Defendant imported 0.49g philophones as above.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (Attachment of photographs), investigation reports (a report on the detection of a customs office in the Gimpo Area and accompanying photographs), investigation reports (Attachment of telephone details);

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes of narcotics appraisal statement (Ⅱ), narcotics appraisal statement (III);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Regulation of Relevant Acts and the Selection of Narcotics, Etc.) concerning the facts constituting an offense, and Articles 58 (1) 6, and 4 (1) and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, etc. and Selection

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Suspension of execution under Article 62(1) of the Criminal Act

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