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(영문) 인천지방법원 2016.04.22 2016고합77
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

0.5gs used for the appraisal among seized Mepters (Evidence No. 1).

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, was not a person dealing with narcotics, but imported philophones as follows, even though he did not deal with clickphones (one philophones, hereinafter “philophones”).

At around 17:00 on January 16, 2016, the Defendant paid 30,000 bills to the bearers (one person: C) in the PC located in the Seo-do of China, Cheongdo, and purchased 101.48 grams 101.48 gramphones, and then, on January 18, 2016, the Defendant attached the Defendant’s plastic paper to the PC located in the PC room near the PC room in the tape, attached the Defendant’s plastic paper containing the said grams to the tape, concealed the plastic paper into the panty, and then imported the gramphones by entering the Incheon International Airport of Korea from the Cheongdo of China at around 20:35 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure (cambamins and cellular phones);

1. A request for analysis of ingredients of the Incheon Airport Customs and a response letter;

1. Application of detection reports prepared by the Incheon Airport Customs Office, and detection photographs statutes sent by the Incheon Airport Customs Office;

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (elective imprisonment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] that there is no type 3 (narcotics, drug, set (a), (b) and (b) etc.) [the scope of the recommended punishment] (the scope of the recommended punishment] of the three categories: Imprisonment with prison labor for 4 years to 7 years.

3. Narcotics crimes, such as the crimes of this case, which are sentenced to sentence, are not easy to detect by their characteristics, but are likely to repeat crimes, and have a significant negative impact on society as a whole, and imports of philophones are spreading narcotics.

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