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(영문) 수원지방법원 2013.10.08 2013고합466
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No defendant shall be qualified to handle narcotics.

1. On February 18, 2013, the Defendant imported psychotropic drugs by means of concealing approximately 10.68g of JWH-018 and its similar body (AM-2201) in international postal items sent by a person whose name is not known in the UK, via 882 Katara, and then receiving them at the office of the Defendant of Pyeongtaek-si E-dong 102.

2. On February 25, 2013, the Defendant kept approximately 1.14gg of the sum of JWH-018 and its similar body (AM-2201), JWH-018, and its similar body (AM-2201) around 10.22g, and approximately 11.14g of approximately 0.92g.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Protocol of seizure ( February 25, 2013);

1. A written appraisal (as of March 7, 2013);

1. A report on detection, a request for component analysis, and a response to the result of analysis;

1. Application of Acts and subordinate statutes to photographs of suspected narcotics, etc. and photographs thereof;

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Prevention of Narcotics, Etc. from Crimes, Article 58 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. (the possession of psychotropic drugs) concerning criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of applicable sentences: Imprisonment for not less than two years and six months, but not less than twenty years and six months;

2. Application of the sentencing criteria;

(a)an offence No. 1 (Determination of Types) in its holding, export, import, manufacture, etc. of narcotics;

Items (b) and (b)

[Determination of the recommended territory] Basic Field (Scope of Recommendation] Imprisonment with prison labor from 4 years to 7 years;

(b)the crime No. 2 of the holding [Determination of the type] is administered, simple possession, etc., of narcotics;

[Determination of the recommended territory] Basic Field [Scope of Recommendation] Imprisonment with prison labor from one year to three years;

(c)the lower limit of the application standards for multiple crimes.

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