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(영문) 대전지방법원 2020.05.22 2019고단5119

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around July 26, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (fence) received psychotropic substances, designated as temporary narcotics, from a third person who was unable to know his/her name at a place not exceeding cock in Thailand, without compensation, from a third person who was unable to identify his/her name; on the 27th day of the same month, he/she purchased emult 2 bottles from a upper point where it is impossible to identify the trade name in Thailand cock cock cock roke; and on the 3th day of the same month, he/she concealed emult ethyl ethyl 3 bottles in a travel room for travel; on the 29th day of July 2019, the Defendant arrived at the Incheon State of the Republic of Korea at around 04:35 July 30, 2019.

Accordingly, the Defendant imported narcotics.

2. On July 27, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (marijuana) received, without compensation, about 0.5 grams from a person (E), whose name is not known at the “D” club located in Thai-si, Thai-si, Thai-si, and then avoided marijuana by removing the coloned tobacco leaves of general tobacco, inserting the hemp in a process of smoking with a fire attached thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. A criminal investigation report and a detection report;

1. Statement on the result of an analysis of ingredients;

1. Application of Acts and subordinate statutes concerning passport copies, personal effects, and individual immigration status;

1. Article 60(1)6 of the Act on the Control of Narcotics, Etc. (amended by Act No. 16714, Dec. 3, 2019; hereinafter “Act on the Control of Narcotics, Etc.”) and Article 5-2(5)1 of the Act on the Control of Narcotics, etc., Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, etc., Articles 60(1)6 and 5-2(5)1 of the same Act, Articles 61(1)4 and 310

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

1. The suspended execution is in light of the risk and the seriousness of the harmful effects of the narcotics crime under Article 62 (1) of the Criminal Act and the contents of the instant crime;