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(영문) 인천지방법원 2008.4.2.선고 2008고합41 판결
특정범죄가중처벌등에관한법률위반(마약),·마약류관리에관한법률위반(대마)
Cases

208 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Narcotic drugs);

Act on the Control of Narcotics, etc. (mariana)

Defendant

(In Japan, Japan)

Prosecutor

A person shall be appointed.

Defense Counsel

Attorney (at Law Firm National Assembly)

Imposition of Judgment

April 2, 2008

Text

A defendant shall be punished by imprisonment for five years.

The 75 days of detention before this judgment is sentenced shall be included in the above sentence.

Seized Hague 37.54g (No. 1) shall be confiscated.

The amount of KRW 8,173,800 shall be collected from the defendant.

Reasons

Facts of crime

Despite the fact that the Defendant is not a narcotics handler, around 00: (a) around 17, 208: (b) around 00, the Defendant started to import the Gash apartment located in Thailand (hereinafter “Hsh”), about 300g and about 10g of MDMA (hereinafter “E EX ”), a psychotropic drug, by dividing approximately 100 g, into about a 100 plastic flaps, and then drinking with the ma on January 18, 2008, at around 30 GG656, and starting to provide it at around 06:40 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of police;

1. Investigation report (the result of the Hague appraisal);

1. Investigation report (Report on the current market price of the Hague and X-how);

Application of Statutes

1. Relevant Articles of criminal facts;

Article 11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 58 of the Act on the Control of Narcotics, etc.

Paragraph (1) 6, Article 4(1), Article 2 subparag. 4(b) (the occupation of the X-gu import) and the control of narcotics, etc.

Act No. 58(1)5 and Article 3 subparag. 8 (the point of entry into the Hague Import)

2. Competition;

Articles 40 and 50 of the Criminal Act / [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment (Narcotic Drugs)]

Punishment specified for a crime

3. Selection of penalty;

Optional of limited imprisonment

4. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act)

Taking into account the fact that he or she was in a profound manner against his or her mistake, etc.

5. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

6. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

7. Collection.

The proviso of Article 67 of the Narcotics Control Act

Reasons for sentencing

The Defendant: (a) divided the instant Hague and X-wee into approximately 100 vinyl and imported them by drinking them with water in a way of drinking them; (b) the method of committing the instant crime is very pushing and intelligent; (c) the quantity of imported Hague; (d) the sales purpose was to change the substantial quantity of X-wee and X-wee discharged from the body during the investigation; and (d) the method of inserting them by inserting them into water.

In light of the fact that evidence has been destroyed, a sentence of imprisonment is inevitable.

Judges

Judges of the presiding judge

Judges

Judges

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