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(영문) 대구지방법원 2018.03.23 2018고합59
마약류관리에관한법률위반(향정)
Text

A 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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 10, 2018, the Defendant administered philophones in a cock 606 hotel located in Thailand around 17:00, in a way that the cocket cocks (one philophone; hereinafter referred to as “philophones”) cocks, a local mental medicine, puts the philophones into coffee.

2. On January 17, 2018, the Defendant imported phiphonephones by concealing approximately 0.33 g (Evidence No. 2) in cocks for Thai-gu in Thai-gu in Thai-gu in order to cocks in the cocks of 0.33 g (Evidence No. 2) and boarding the cock international port in Thai-gu in Thai-gu in order to import phiphonephones upon arrival at the Daegu International Airport located in 221 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and photographs of seized articles;

1. A written test report, each test report, response to requests for appraisal, and an appraisal report on narcotics at the time of a small urine simple test report;

1. Application of Acts and subordinate statutes to each investigation report (with respect to the detection of Mept ambacules, response results of the narcotics test conducted by the Daegu Customs Office - response to training of Mept ambacules, calculation of additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, and Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the same Act on the Control of Narcotics, etc. under the relevant Act (the importation of phiphones and the selection of punishment for imprisonment), Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of Article 2 of the same Act on the Control of Narcotics, etc.;

1. Aggravation of concurrent crimes for concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;

1. Confiscated narcotics;

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