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(영문) 인천지방법원 2019.01.11 2018고합717
마약류관리에관한법률위반(마약)등
Text

A defendant shall be punished by imprisonment for three years.

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

On October 27, 2018, the Defendant divided approximately 4.89g and approximately 5.88g of the Mcambrophone in the U.S. sandbox on the part of the Defendant (i.e., one penphone; hereinafter referred to as “fluorphone”) into small plastic bags and vinyl bags, respectively. On October 27, 2018, the Defendant re-entered the said narcotics into one medium plastic plastic bags and concealed them into the Defendant’s main machine at the right side of the part of the Defendant, and on October 27, 2018, entered into the Incheon International Airport No. 2500, Oct. 25, 2018.

Accordingly, even though the defendant is not a person handling narcotics, he imported approximately 4.89g of philophones and approximately 5.88g of hedges in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on detection and detection photograph of the Incheon Airport Customs;

1. Application of the Customs Analysis Results Regulatory Acts and subordinate statutes;

1. Article 58 (1) 1, Article 4 (1) 1, subparagraph 2 (d) of Article 2 and subparagraph 2 (d) of the Act on the Control of Narcotics, Etc., Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense;

1. Article 40 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on the Control of Narcotics, etc. with heavy crimes) ;

1. Selection of punishment and limited imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. The sentencing criteria do not apply because the scope of the recommendations for the sentencing criteria is in a commercial concurrent relationship with each other.

3. Narcotics crimes subject to the determination of sentence are not likely to be exposed due to their characteristics, and they are not only likely to repeat crimes but also have a negative impact on society as a whole due to their restitution, toxicity, etc.

Moreover, import of narcotics is spreading and spreading narcotics.

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