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(영문) 인천지방법원 2020.01.17 2019고단8738
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On October 20, 2019, at around 17:30, the Defendant deposited psychotropic drugs, which are psychotropic substances, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., e., e., e., g., e., e., e., g., e., e., g., e., e., e., g., e., e., e., e.

Accordingly, the Defendant imported the horse from China to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of customs clearance;

1. A letter of response to the results of customs detection analysis;

1. Application of Acts and subordinate statutes to the seizure list and seizure record;

1. Article 60 (1) 6 of the Narcotics Control Act and Article 5-2 (5) 1 of the former Act on the Control of Narcotics, Etc. (wholly amended by Act No. 16714, Dec. 3, 2019); the selection of a fine for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Fines of 50,00 won to 100 million won within the scope of punishment by law; and

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected. 3. Since the judgment of sentencing is relatively less likely than other narcotics, the degree of punishment for the relevant handling act should be taken into account in determining the degree of punishment.

It is relatively small that the amount of the Defendant's decision was accepted by the Defendant.

The defendant shows the attitude of recognizing and opposing the crime of this case, and the defendant is the first offender who has no record of criminal punishment.

In light of the above circumstances, the defendant shall be punished by a fine, and the age and criminal environment of the defendant and the motive of the crime shall be the result of the crime.

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