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(영문) 수원지방법원 성남지원 2014.07.24 2014고합154
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Criminal facts

No person shall import any temporary psychotropic drug.

On May 16, 2014, at around 08:35, the Defendant, by accessing the “E” website 707, via personal computers in Seo-gu, Seo-gu, Gwangju, purchased a total of 45 malky ethyl (chemical name, Isobuty nitrite, material alky nittrite), paying USD 65.76 (Korean Won 63,400) with credit cards in the name of the Defendant.

On May 19, 2014, a drug seller whose name is not known has sealed the Ethic ethylene into an international letter-post bag (G) bag in Sliberian, and has the sender and the sender “H”, “MRA”, “I, SUJEONGNGNM CIT, GYGGGGGI, SOUH KREREA (I) and sent LH 712 parts of the Ethim Chinese Civil Aviation (LH) around May 22, 2014. On May 10:53, 2014, at the Incheon Central Port Co., Ltd. located in the Jung-gu Incheon Metropolitan Government, the address and the addressee “H”, “MRA”, “I, SYENNGNGNGGGGI,” and “I, MYGGGGGI,” and sent the destination to the airport search unit via the airport search unit of 45mm0 square meters in total.

At around 17:50 on June 2, 2014, the Defendant received 301 ethyl 45 mlate from a sex-related post office located in 301, according to the sanctic acid of Sungnam-si.

Accordingly, the Defendant imported psychotropic drugs 45ml, a temporary psychotropic drug.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for component analysis and written response to results;

1. Public announcement of designation of temporary narcotics;

1. Application of Acts and subordinate statutes of subparagraph 1 of this Decree (referring to the ethyl 45ml);

1. Article 58 (1) 3, Article 3 subparagraph 5, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Crimes, and Article 5-2 (5) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 12495, Mar. 18, 2014);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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