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(영문) 인천지방법원 2017.06.16 2017고합117
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. The Defendant: (a) purchased a penphone from a female of the born country (hereinafter “C”) to import the penphone into the Republic of Korea; (b) boarded from March 7, 2017; (c) boarded the D, starting from the Incheon International Airport; and (d) purchased approximately 12.4g gramphone from the F hotel in Thai City E on March 8, 2017, at around 01:00, on the following day, from the volume of the carphone sales to KRW 37,500 (only KRW 1210,000).

On March 8, 2017, the Defendant: (a) cut up the inner floor of a portable travel room; (b) concealed the instant door-to-face into 16 small bitphones; and (c) boarded on the G Part departing from the Incheon International Airport on March 8, 2017 (on-site view) around 22:40 (on-site view) and arrived at the Incheon International Airport around 05:50 on March 9, 2017.

Accordingly, even if the Defendant is not a narcotics handler, he imported approximately 12.44g philophones, a local mental medicine, into the Republic of Korea in Thailand.

2. On March 8, 2017, the Defendant scopon medication: (a) laid off approximately 0.1g of copon in the F hotel rooms located in Thailand E in Thailand E in a glass pipe; (b) inhaled the smoke emitted with a fire.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on seizure;

1. Report on the result of preliminary testing of narcotics (componopon training reaction), report on the detection of customs office, response to the result of the analysis (compononopon training reaction), narcotics appraisal report (componononopon training reaction), application of the Acts and subordinate statutes of the request for appraisal;

1. Article 58(1)6, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Selection and Control of Narcotics, Etc. (the importation of phiphones, the selection of imprisonment with prison labor), Article 60(1)2, and Article 4(1)1, and Article 2 subparag. 3(b) of the Narcotics Control Act (the administration of phiphones) on criminal facts.

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