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(영문) 인천지방법원 2017.12.22 2017고합581

마약류관리에관한법률위반(향정)

Text

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

Along with 92.02g of seized penphones (No. 1), they are used for appraisal.

Reasons

Punishment of the crime

around September 16, 2017, the Defendant contained approximately 92.02 grams in a vinyl roposite (i.e., one penphone; hereinafter referred to as “clophone”) in a Chinese optical low-speed city, and entered them into the sea of mixed, and entered them in a vinyl rode.

After being attached under panty, it is concealed in double panty, stored about 0.8g opphonephones in a transparent pande, stored them in a crode crode, concealed them in a bridge for travel. On September 16, 2017, carrying the above crode and carrying the crode in a Chinese broad air (CZ) air (CZ) departing from the Chinese broad-water airport at around 16:20 on September 16, 2017, and arrived at the Incheon International Airport around 20:51 on the same day.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant imported approximately 92.82g of philophones, a local mental medicine, in China, into the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation report (Attachment to personal effects kept in custody in a customs house);

1. Report on the detection of the Incheon Customs Office and the application of Acts and subordinate statutes in response to the results of analysis;

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. The main text of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the Prosecutor] of the Act on the Control of Confiscated Narcotics, Etc. [Article 53 and Article 55 subparag. 1 subparag. 3 (C. 3), 10 (Evidence No. 4), 10 (Evidence No. 5), and 3 (Evidence No. 5) of the Act on the Reduction of Small Quantity, the prosecutor also sought forfeiture of the articles to be assembled into 8 free pipe (Evidence No. 3), 10 (Evidence No. 4), 10 (Evidence No. 5) of the vinyl No. 55 (C. 5). However, the evidence submitted by the prosecutor alone cannot be deemed to fall under the articles provided or intended to provide for the instant crime of import of philop. (any article intended to be provided for a criminal act, which is recognized as the articles intended to be provided for a "criminal act" which is found guilty. The above seized articles are imported from the instant philop