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(영문) 서울중앙지방법원 2014.05.09 2014고합320
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2013, the Defendant requested the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City C and 101 to send the psychotropic drugs called 's ‘synthesis marijuana' to EWH-018, or its similar body called 's ‘synthesis marijuana' to the E-gu D residing in New Zealand using Kakakaox, and then contacted the Defendant’s parents residing in New Zealand, and transferred USD 120,00 (110,000 won) to D.

D) At the time of the transfer of the above price, D indicated that the sum of 4-chloro-AM-2201 two similar bodies of JW-01 and 4-Fuorro-2201 and 5.16gs (including volume) total of 5-PB-22 (temporary narcotics, etc. on September 23, 2013) total of 5F-PB-22 (including volume) and 4.3gs (including temporary narcotics, etc. on September 23, 2013), which are 4.8ggs of “5F-PB-22” imported by the Defendant. However, according to the seizure protocol, it appears that it is a clerical error of 4.3ggs.

In addition, after packaging as an international letter-post item, the addressee was marked as "A" and the place of receiving "I" and the first floor F of the building in Seocho-gu Seoul Metropolitan City, and the international letter-post item whose psychotropic drugs are concealed was arrived at the Incheon International Port of Provision in Jung-gu Incheon Metropolitan Government, on April 14, 2013, JL951.

Accordingly, in collusion with the above D, the Defendant imported approximately 9.73ggs (including 0.73gs) of psychotropic drugs from New Zealand to the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A report on investigation ( obtaining criminal information), a report on investigation (Attachment to a public notice on designation of temporary narcotics, etc.), a report on investigation (Attachment to a photograph of seized articles), and a report on seizure;

1. Response to whether narcotics fall under narcotics, replys on the results of analysis, and the application of the Acts and subordinate statutes notifying the results of narcotics appraisal

1. Article 58 (1) 3, Article 3 subparagraph 5, and Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts;

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