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(영문) 서울중앙지방법원 2015.02.06 2014고합1410
마약류관리에관한법률위반(향정)
Text

1. The punishment of the accused shall be three years;

2. 5.4g of seized white rayed for 95.1g appraisal.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

Upon D’s request, the Defendant thought in China to import psychotropic drugs-related psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter “philopon”). On November 14, 2014, the Defendant left the Republic of Korea with Korea Aircraft KE865, an aircraft of November 21, 2014, with D.

At around 09:30 on November 20, 2014, the Defendant received 100.5g (Evidence No. 1) from D, which is contained in the vinyl Sheet located in the Chinese Made, and was ordered to conceal it into the Republic of Korea and to enter the Republic of Korea. At around 13:15 on November 20, 2014, the Defendant, with D’s aid, concealed the Red Sea Sheet, which contains a Handphone into its own sexual flag and possessed it in the Incheon Jung-gu, Incheon. At around 17:25 on the same day, the Defendant arrived at the port of supply of the Incheon, Jung-gu, Incheon.

Accordingly, the defendant imported approximately 100.5g of philophones in collusion with D.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure by prosecution;

1. Investigation report (in addition circumstances A), investigation report (in the body of a suspect, detection of phiphonephones cut off by a suspect), investigation report (in the body of a suspect, attachment of photographs of seized articles);

1. Data on customs know-how, photophone detection place, individual entry and departure status, notification of the result of appraisal, notification of the results of appraisal of narcotics, notification of the results of appraisal of narcotics, and application of statutes on appraisal;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

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

1. The defendants are the defendants of the scope of export and import, manufacture, etc. of the recommended sentencing guidelines, Type 3 (narcotics, psychotropic drugs, items (a) (b) and (b), etc.) and their basic areas (one to seven years of imprisonment).

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