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(영문) 부산지방법원 2019.09.27 2019고합373
특정범죄가중처벌등에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six years.

Seized evidence 1 to 4 and 9 shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 02:00 on July 13, 2019, the Defendant: (a) sealed and sealed approximately 1.92km of psychotropic drugs in an amount of KRW 16,932,00,00 in the market price into three plastic paper bags of plastic paper; and (b) opened two copies of the wooden board ( approximately 42 cm in length, about 54 cm in length, about 54 cm in length) inside the shoulderer; (c) opened two pages in a package for travel; (d) deposited the said package with an aircraft for travel, which is psychotropic drugs in an amount of KRW 16,932,00,00 in the market price; and (e) deposited the above package with an aircraft for travel in Gangseo-gu, Busan; and (e) arrived at the port of Gangseo-gu, Busan.

Accordingly, the Defendant imported approximately KRW 1.92k Malaysia from Malaysia to Republic of Korea, which is equivalent to KRW 16,9320,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, records of seizure (popon, etc.), and lists of seizure (Evidence Nos. 6, 31);

1. Photographss and photographs of seized articles;

1. A written appraisal;

1. A message, etc.;

1. Application of Acts and subordinate statutes to investigation reports (calculated, etc. of philophones);

1. Article 11 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 58 (1) 6, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Narcotics Control Act concerning the crime;

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

1. The scope of punishment by law: Imprisonment for five to fifteen years;

2. The scope of recommending sentencing criteria: The scope of recommending sentencing criteria shall not be set.

3. Crimes related to narcotics, etc. that are determined to be sentenced, are not easy to detect due to their characteristics, and are not only high risk of recidivism, but also society due to their restitution, toxicity, etc.

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