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(영문) 대전지방법원 2019.07.26 2019고합169
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the psychotropic drugs-related Mesofts (one philopon, hereinafter “philopon”), as follows:

On May 20, 2019, the Defendant: (a) received a proposal from “B (Nam, and forty)” that “I will receive in lieu of the penphone sent to Korea from the Republic of Korea, and deliver a part of the penphone in return for the receipt of the penphone,” and (b) received the proposal from the above B, the Defendant had the Defendant’s home address at the place of receipt of the penphone.”

Accordingly, around May 21, 2019, the above B inserted about 23.9g oponon from Malaysia to plastic bags, concealed the middle part of the plastic knives into the plastic knives as “C”, and entered the place of receipt into “D Building E in Daejeon-gu,” and sent it to the Incheon Airport on May 25, 2019 by international special grade mail, and received the above postal items from the Defendant around 10:49 on May 30, 2019.

Accordingly, in collusion with the above “B”, the Defendant imported approximately 23.9g of Malaysia from Malaysia to Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including each accompanying document);

1. A report on detection, a report on investigation of a suspect, and a report on an investigation (personal information of a suspect, etc.);

1. Records of seizure by prosecution;

1. Application of the Acts and subordinate statutes as a result of analysis;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense;

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 (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Public prosecutors under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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