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(영문) 인천지방법원 2018.09.21 2018고합525
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 23, 2018, the Defendant: (a) concealed approximately 1.42 g of Kenyas in the upper left of a small vinyl, into ADMA and a daily name Xer; and (b) deposited the said part as an air freight on July 23, 2018; (c) deposited it into ADM in a bridge for travel; (d) deposited 1.42g of Kenyas in the upper left of a small vinyl, and deposited the said part in the air freight at around 21:30 on July 23, 2018, at the airport of the Netherlands (on-site hours) in the port of 24 hours; and (d) deposited the said part in the International Airport of the Netherlands (on-site hours) in Incheon, at around 21:30 on July 23, 2018.

As a result, even if the Defendant is not a narcotics handler, the Defendant imported 30 ambs and approximately 1.42 g of X masters, which is a local mental medicine, from the Netherlands, to the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure report (A MMA 30 et al., Counsel for the defendant-appellant);

1. Request for component analysis (A-No. 7-No. 8), and response (No. 7-No. 8) as a result of the analysis;

1. A report on detection of the Incheon Airport Customs Office (A), and the application of detection photographs (A);

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. under the relevant Act on Criminal Facts (the point of revenue of X-gu and Kenya)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative abandonment of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions in favor of the above shall be repeatedly considered);

1. Grounds 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. Non-application of the sentencing criteria: The sentencing criteria shall not apply to offenses of violation of the Act on the Control of Narcotics, etc. by the import of X-si and Kenya, in relation to ordinary concurrences.

However, the punishment shall be recommended for the crime of violation of the Act on the Control of Narcotics, Etc.

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