logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.11.20 2013고합654
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On October 1, 2013, the Defendant: (a) opened approximately 32.33g of the psychotropic drugs-related psychotropic drugs from the nameless boxes (i.e., “C”); (b) and (c) opened up 32.33g of the Handphone inhalers (i.e., “opon”; hereinafter “oponon”); (d) carried the oponphone and inhalers in the copon line D at a port located in the Si in danger of China around 19:00 on the same day; and (e) carried the opon phone and inhalers into the Defendant’s sexual flag at the above Dropon line toilets around that time; and (e) concealed them by attaching the tape with the tape.

2. At around 11:30, when arrival at the 2 International Passenger Terminal of Incheon Jung-gu, Jung-gu, Incheon, approximately 32.33 g of Handphones from China to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report accompanied by the net weight and photograph of the seized article), investigation report (the result of appraisal by the prosecution of a suspect and the seized article);

1. A customs clearance report;

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

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Prevention of Illegal Crimes and the Selection of Narcotics, Etc.;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended sentence according to the sentencing guidelines (decision of type), the category of narcotics crime group, the export and import, manufacture, etc., narcotics and perfumes;

Items (b) and (b)

Table 3 (Type 3): Reduction element: Imprisonment with prison labor for not less than 4 years nor more than 7 years (basic area)

3. Determination of sentence: Imprisonment with prison labor for 3 years, in particular, the act of importing narcotics is highly likely to cause serious social harm, and in the case of phiphones, the toxicity and harmful effects are higher than those of other narcotics, and the amount of phiphones imported by the Defendant reaches 32.3g.

arrow