(영문) 인천지방법원 2020.5.19.선고 2020고합129 판결

The confiscated MMA 301 (No. 1), approximately approximately 255.02g (Evidence 2) shall be confiscated, respectively, which are remaining after being consumed for each appraisal.

Reasons

Criminal facts

The defendant is not a person handling narcotics.

around June 2019, the Defendant purchased approximately 400 grams of MDMA (one name X-si, hereinafter referred to as EX-si) and approximately 300 grams of Kenya 400,000 in Thailand, which are psychotropic drugs, at a place not exceeding Thailand cock (Korean approximately 15,300,000 won).

On February 19, 2020, at around 08:34 (Local Time) Malaysia, the Defendant: (a) concealed 301 ampers and approximately 255.02 g of Xers, which had been purchased in the toilet for the International Airport of Cuba, in vinyl 301 and Kenya 255.02 g, in the inner clothes where he wears them, and was on board the said airport at the first passenger terminal of the Incheon International Airport, located at the airport of Jung-gu, Incheon, Jung-gu, Incheon, and at around 14:23, 2020, the Defendant imported 301 ampers and approximately 25.02 grams from Malaysia to the Republic of Korea, the Defendant imported 300,000 ampers and approximately 25.02 grams from Malaysia to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Seizure records;

1. A report on detection, photograph, and report on results of analysis;

1. Application of Acts and subordinate statutes to investigation reports (market reports on narcotics);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 11(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 58(1)6, Article 4(1)1, and Article 2 subparag. 3(b) (Optional to imprisonment with prison labor) of the Narcotics Control Act

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

The punishment shall be determined as per the order, taking into account the following circumstances and the various sentencing conditions prescribed in Article 51 of the Criminal Act:

○○ Narcotics, including X-si and Kenya, are highly harmful to individuals as well as society as a whole due to cryptism, toxicity, etc. The instant case is that the Defendant imported X-si and Kenya for the purpose of domestic use, and that the amount of X-si and Kenya have large quantities of imported X-si and Kenya. Therefore, a strict punishment should be imposed.

○ The Defendant recognized the instant crime. Xers and Kenyas imported by the Defendant were entirely confiscated in an investigative agency and were not actually used or distributed. The Defendant has no record of criminal punishment in the Republic of Korea.