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(영문) 인천지방법원 2016.11.11 2016고합670
마약류관리에관한법률위반(향정)등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant concealed approximately 1.51 g, approximately 0.04g, and approximately 6.1g, for travel purposes, of mushroom (a single title, hereinafter referred to as “FFFF”) containing a natural ingredient in the US Pluda, and approximately 1.51g, for travel purposes. On September 9, 2016, the Defendant deposited a bags for the above travel purposes, was on board an unclaimed aircraft from the U.S. S. Pluda Airport to Dart airport, and transferred the said DNA to D on September 17:40, 2016.

Accordingly, the Defendant imported psychotropic drugs, LSdi, and marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Written appraisal of narcotics;

1. Copies of aircraft diskettes and seized objects aboard by a suspect;

1. Direction of business;

1. Application of Acts and subordinate statutes to investigation reports (psychotropic drugs falling under subparagraph 3 (a) of Article 2 of the Act);

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 (Selection of Psychotropic Drugs) of the Act on the Control of Narcotics, etc., Article 58 (1) 5, and subparagraph 7 of Article 3 of the Act on the Control of Narcotics, etc., concerning criminal facts (the point of import of marijuana and the choice of limited imprisonment);

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2, 50, and the proviso of Article 42 of the Criminal Act [the aggravation of concurrent crimes with punishment prescribed for the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. due to the import of marijuana heavier than

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment for not less than two years and six months but not more than twenty-two years and six months;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: The basic area of crimes in violation of the Act on the Control of Narcotics, etc. (Determination of Types ] and the basic area of crimes in violation of the Act on the Control of Narcotics, etc. (the scope of recommendations), such as export, import, manufacture, etc. of the narcotics crime group; four years;

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