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(영문) 인천지방법원 2018.06.01 2018고합123
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

C The defendant will bring narcotics, etc. from Malaysia to the Republic of Korea, and deliver them to him/her to give him/her a face-to-face fee.

Now, the defendant accepted it.

Accordingly, the Defendant: (a) concealed approximately 13.82g, and MD 13.82g, and distributed approximately 49.78g, for travel purposes, to travel bags and soft bags; (b) around February 18, 2018, while carrying the said travel bags, etc., the Defendant arrived at the Incheon International Port located in the Dong-gu Incheon International Port around February 19, 2018, by boarding the air services of the air services at the Malaysia-gu Incheon Airport around 06:57, around February 19, 2018.

As a result, the Defendant, in collusion with C, imported approximately 13.82g philopon, which is a local mental medicine, from Malaysia to the Republic of Korea, and approximately 49.78g Kenya.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of the Incheon Airport Customs Office;

1. Seizure records (MDMA, etc.);

1. Investigation report (to attach a response to the result of the analysis);

1. Application of Acts and subordinate statutes to a copy of a response to analysis results;

1. Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and Article 30 of the Criminal Act on the same facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Application of the sentencing criteria;

(a) Type 3 of the export, import, manufacture, etc. of the determined narcotics (narcotics, flavoring (a) and items (b) of the same subparagraph);

B. There is no special sentencing factor

(c) the scope of the recommended sentence, the basic area of the punishment, 4-7 years of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for three years, and with respect to narcotics-related crimes for four years under a suspended sentence, its characteristics;

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