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(영문) 전주지방법원 2016.12.09 2016고합200
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Incheon District Court on October 19, 2006, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Gwangju Prison on July 26, 2007, and on October 1, 2015, the Seoul East District Court sentenced ten months to imprisonment for a violation of the Act on the Control of Narcotics, etc., and confirmed the judgment on January 1, 2016.

【Criminal Facts】

No person other than a person handling narcotics shall import psychotropic drugs.

Even if the Defendant is not a person handling narcotics, on April 2009, the Defendant sent the psychotropic drugs-related mail (one name penphone, hereinafter referred to as “philopon”) to an international specialty mail, and had C, a person residing at the time of transfer, receive it to D.

On April 28, 2009, the Defendant: (a) sent approximately 2.65 g of philopon on a scopon in black paper by packaging approximately 2.65 g of scopon on a scopon on a scopon in black paper; (b) sent international express postal items (C), “C”, “Scopon Egraon A. 405 Dong-dong 405,” and “C” of the addressee’s phone number”) to the I on April 11:56, 2009, through the G Pacific H, China, and then, (c) required the I to pass the customs inspection place at the I International Postal Service Center at around 11:07 of the same month.

Since then, the Defendant contacted C and D with each other on the 30th day of the same month, and caused D to receive the said international express postal item from C at the front parking lot located in the J of Kim Jong-si on the 30th day of the same month.

Accordingly, the defendant imported philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement by the prosecution against C;

1. Records of seizure and the list of seizure;

1. Reporting on the detection of Chinese Mesa cancer by using international express postal items, and the details of currencies;

1. Each report on investigation;

1. Previouss before ruling: Criminal records, investigation reports, confirmation of the whereabouts of the person under investigation and the need for transfer, and the same kind of defendant.

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