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(영문) 수원지방법원 성남지원 2018.08.09 2018고합121
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

The Defendant, even if he is not a narcotics handler, imported MDMA (one name, XP, and hereinafter referred to as “EXP”), which is a local mental medicine, as follows:

1. On May 4, 2018, the Defendant visited “F”, a website for the sale of narcotics, etc., at the Defendant’s residence located in Seongbuk-gu, Sungnam-si, and contacted with the sale of narcotics, etc., and ordered X-si 50 to order the payment by means of transfer of 0.0243 bitcos (mule 197.2 bitcos).

On May 16, 2018, in Germany, the name-free person sent to the defendant 5 am 5 am 5 am 55 am 5 am 500 (5 additional provision) to the international air parcel (G), which arrives at the Incheon International Airport around May 16, 2018.

Accordingly, the defendant imported 55 x master city in Korea.

2. On May 22, 2018, the Defendant connected the Internet site “F” at the Defendant’s residence, ordered the sale of narcotics with no name, etc. to the EXP 10 order, and settled the price by transferring approximately 33 bitcos corresponding to the 33-day street.

On May 28, 2018, the name infinite, sent to the defendant 10 U.K., the name infinite, X-si 10, an international flight registration mail (H), which entered the Incheon International Airport around 14:00 on May 28, 2018.

Accordingly, the defendant imported 10 x master city in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each investigation report (to arrest a suspect and attach photographs of seized articles);

1. Relevant output, such as each report on detection (MDMA 55, MaMA 10, MaMA 10), detection photographs, response to results of analysis, and Frogs-ray screen;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and Selection of Imprisonment with prison labor for a limited term;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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