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(영문) 인천지방법원 2017.08.24 2017고단3748
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

The Defendant is not a person dealing with narcotics, and the Defendant shall not handle Metephophones (one philophone, hereinafter referred to as “philophones”) which are local mental drugs.

1. The Defendant: (a) agreed to receive approximately 10 g of phiphones from D in China; and (b) on May 2017, D sent approximately 46.84 g of phiphones from China to the shipbuilding E in the Republic of Korea by international express mail;

E received the philophone on May 10, 2017.

E, on May 10, 2017, around 18:30 on May 10, 2017, in accordance with D’s instruction, sealed approximately 10g of the penphones imported under the direction of G Park F in Nam-gu, Incheon, with approximately 10g vinyls, and transmitted the address to D, along with the photo of the sperm with which the penphones are concealed.

After receiving a place from D where phiphones were concealed, the Defendant attempted to receive approximately 10 g of phiphones from G sperm columns located in Seoul, Nam-gu, Incheon, on May 10, 2017. However, the Defendant failed to find the location of phiphones and attempted to receive approximately 10 g of phiphones.

2. Around May 9, 2017, the Defendant administered philophone medication in a manner that inhales smoke generated by heating 0.045g of philophones from the Defendant’s residence in Yeongdeungpo-gu Seoul Metropolitan Government H 101 at H 101 on the gambling site.

3. On May 10, 2016, the Defendant, who was holding a philophone, was placed in a packaging of 0.18g of a philophone on the Defendant’s test color hand room located in G park located near the Nam-gu Incheon Metropolitan City, and was placed in a packaging of a vinyl 0.18g of a philophone at the Defendant’s test color hand.

Summary of Evidence

fact No. 1 of the ruling

1. Legal statement of witness E;

1. Reporting on arrest and commencement of an investigation;

1. Facts set forth in subparagraphs 2 and 3 of the decision making in full view of the investigation report (in addition to related accomplices' indictments);

1. Statement by the defendant in court;

1. Seizure records;

1. The appraisal report, etc. on each narcotics may be recognized by combining them;

Application of Statutes

1. Article 60 of the Act on the Management of Narcotics, Etc., which constitutes a crime and Article 60 of the Act on the Management of Narcotics, etc., which is the choice of punishment.

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