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(영문) 인천지방법원 2019.03.22 2019고합20

특정범죄가중처벌등에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six years.

Seized Handphones 151.43g (including cl, No. 1), cl. 153.41g cl.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, etc. as a foreigner of Malaysia nationality.

On January 2019, the Defendant: (a) planned to import psychotropic drugs from Malaysia to the Republic of Korea from Malaysia, along with his/her name-free boxes (one name “B”); (b) planned to conceal psychotropic drugs from Malaysia to the Republic of Korea; and (c) planned to enter the Republic of Korea to instruct the Defendant’s body and to deliver phiphones to other names-free persons; and (d) planned to take charge of the Defendant’s entry into the Republic of Korea of Korea by concealing phiphones in accordance with the instructions of the aforementioned persons without his/her name and to transfer phiphones after entering the Republic of Korea.

On January 2, 2019, the above nameless boxes ("B") packed approximately KRW 992.7 g (or equivalent to KRW 49,635,00 at a market price) in five plastic bags, which were prepared in order to put them into five plastic bags, or concealed them in the Defendant's slab and panty panty bucks, etc., and then let the Defendant embark on the rolling stock.

On January 3, 2019, at around 01:00, the Defendant: (a) boarded in Part D at an international port of Malaysia's Malaysia-based international air port; and (b) entered the Republic of Korea via an international passenger terminal of the Gimhae International Airport located in Gangseo-gu Busan Airport at around 10:11 on the same day.

Accordingly, the defendant imported philophones in collusion with the above-mentioned person.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure (Evidence No. 4);

1. A report on the results of analysis;

1. Each investigation report (emergency search and seizure, photographs of seized articles, photographs of cellphones of seized articles, and price of cancer transaction);

1. Application of Acts and subordinate statutes governing the detection and photographing of philophones;

1. Article 11(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 58(1)6 and 4(1) of the Act on the Control of Narcotics, Etc. shall apply to the crime.