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(영문) 인천지방법원 2013.09.27 2013고합202

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 to 3 shall be confiscated, respectively.

From the defendant, 100.

Reasons

Punishment of the crime

[Criminal Power] On August 28, 2009, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon District Court, and completed the execution of the sentence on April 9, 2010.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. The Defendant asked the Defendant to send a psychotropic drug-related psychotropic phone to the person who resides in the Philippines. As a result, the Defendant: (a) concealed approximately 2.48 g of the psychotropic phone in plastic as soon as possible and sealed it in a plastic file; (b) then then then then sealed it in an international specialty shipment; and (c) sent it to the addressee C (C, D) and the veterinary purport as “Seoul Songpa-gu E Apartment Building 219”.

As above, at around 08:20 on January 24, 2013, the international special transmission freight concealed phiphones arrived at the Incheon Central Port located in Jung-gu Incheon Port, Jung-gu, Incheon (FX) 5926.

Accordingly, the Defendant, in collusion with the above-mentioned persons, imported approximately 2.48 g of philophones into the Republic of Korea in the Philippines.

2. On March 2013, the Defendant: (a) inserted 0.03g of philopon in the first floor of an insular officetel located in Gangdong-gu Seoul, Gangdong-gu, Seoul; and (b) injected philopon in a single-use injection machine; and (c) injected the philopon in a way of injecting it to the Defendant’s left part of blood.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Reporting on detection and investigation (specific suspect);

1. Analysis result report, results of appraisal, replys to requests for appraisal, reports on requests for appraisal, additional reports on requests for appraisal;

1. Seizure protocol (No. 17 pages of investigation records);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the current status of personal identification);

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, the Criminal Act;