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(영문) 부산지방법원 동부지원 2020.04.07 2020고합17
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

Seized MMA 100 (No. 1) shall be confiscated.

30. 30. 4

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 21, 2016, the Defendant, at “B” clubs located in Thailand, was issued a half of the MDMA (the “EM”), which is a psychotropic drug, and was administered in a way of drinking together with water, by inserting it into the psychotropic drug.

2. On August 27, 2016, the Defendant: (a) placed psychotropic drugs in the post office located in Thailand at Thailand around August 27, 2016, and concealed it in the international express mail, and then sent the delivery site to the Incheon International Airport Postal Items Center around the 29th of the same month, by entering it in the International Postal Items Center at a hub of 100 psychotropic drugs (one-day XM), while keeping it in the international express mail; and (b) entered the delivery site into the Defendant’s residence as “BA C-G building D;” and

Accordingly, the Defendant imported psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by each prosecutor's office on the accused on the suspect interrogation protocol (related to the control delivery of international registered mail and confirmation of the suspect), investigation report (Attachment of the suspect's personal immigration record) and investigation report (related to the calculation of additional charges);

1. Reporting on the detection of international express international mail MMA by Thailand;

1. Analysis results report, and the application of Acts and subordinate statutes of the narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 60 (1) of the Act on the Control of Narcotics, Etc. and Selection of Limited Punishment for Crimes);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Management of Narcotics, Etc. [The basis for calculation of a surcharge: In accordance with the investigation report (as to the calculation of a surcharge), narcotics from the Supreme Prosecutors' Office.

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