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(영문) 수원지방법원 성남지원 2017.03.16 2017고합8

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 17:00 on January 17, 2016, the Defendant entered the Incheon International Airport, located in Jung-gu, Incheon, Jung-gu, Incheon, 424 o-ro 47, an airport in Jung-gu, Jung-gu, Incheon, without concealing approximately 0.1g of Melopon (one philopon; hereinafter “philopon”).

Accordingly, the defendant imported a local mental medicine.

2. On January 1, 2016, the Defendant diversing drugs with a psychotropic spirit shall diversize at the guest room in Northwest-gu C, Seo-gu, Seoan-gu, Seocheon-si, by drinking alcohol at 0.1g of philopon.

Accordingly, the Defendant administered a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (calculated additional collection charges);

1. A statement on narcotics appraisal;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 58(1)6, Article 4(1)1, Article 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply), Article 60 subparag. 2, Article 4(1)1, and Article 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply) concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes (within the scope of adding up the long-term punishments of the above two crimes)];

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (the basis for delivery: the whole country for one-time medication of phiphones);