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(영문) 서울남부지방법원 2016.09.02 2016고합302

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

The seized philophone 20.32g (No. 1), philophone 23.81g (No. 2).

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the psychotropic drugs (one philophone, hereinafter referred to as “philophone”) as follows:

1. Around June 8, 2016, the Defendant administered the smoke generated by heating the bottom of the Ethical phone in the Ethical telephone room near the Ethic Ma, Sinpo-si, by a method of spreading it to the gambling place.

2. The Defendant conspired with one-person F to send a door-to-face for travel, the travel of which is concealed in China, through international air-to-door vessels, conspired to keep the door-to-face in a way that the Defendant receives the door-to-face.

On June 10, 2016, at around 22:41, 2016, F sent approximately 44.13 grams from the Chinese Northern Port to the Korean Civil Aviation (G) air (G) air bags for travel concealed to knife, and the Defendant sent the Defendant at the I Center located in Gangseo-gu Seoul Metropolitan Government on June 11, 2016 to the J, who sent the Defendant, received approximately 44.13 grams as above.

Accordingly, the Defendant conspiredd with F to smuggling about 44.13 grams.

3. Around June 11, 2016, the Defendant administered Lmophones 205 in Bupyeong-gu Incheon, Incheon, by raising the volume of writingphones into the stuffing place, and by using a string tool through which smokes emitted from heating the bottom thereof was injected.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol regarding J;

1. The application of the seizure protocol (Evidence No. 1), photograph, each investigation report, the person at the time of the prosecution and confirmation document, each narcotics appraisal report, and the response to requests for appraisal (A) Acts and subordinate statutes;

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the occupation of scopon medication, the choice of imprisonment), Articles 58(1)6 and 4(1) of the Act on the Control of Narcotics, Etc.