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(영문) 인천지방법원 2017.08.23 2017고합395
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On October 25, 2015, the Defendant: (a) purchased approximately four gram-phones contained in a plastic bag from a person in a name-nondefluence in China’s Cheongdo in cash ( approximately KRW 83,000) around 14:0 on October 25, 2015; (b) concealed plastic bags containing the said grams in a double cover of 500 ( KRW 83,000), and entered the Republic of Korea’s international airport after having possession of the said rophones; (c) around 12:10 on October 26, 2015, the Defendant was on board at the airport of China’s Cheongdo to enter the Incheon International Airport.

Accordingly, even though the defendant is not a narcotics handler, he imported phiphones from China to Korea.

2. Medication of phiphones.

A. On October 4, 2016, the Defendant: (a) laid off approximately 0.06gopons from the back side of “F” operated by E in Bupyeong-gu Incheon, Incheon; (b) laid down approximately 0.06gopons on the back side of a tobacco lock’s gambling place; (c) laid off the smoke emitted by burning it into a throwter, and inhales it along with G.

B. On December 4, 2016, at around 15:00, the Defendant inhaled approximately 0.03 grams on the back of the “F” on the rear side of the “F,” and injected smoke generated by burning them by heating them on the gambling place of a tobacco lock.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Examination records of the police suspect in G (two times);

1. Protocols of seizure (No. 2) and list of seizure (No. 3);

1. Entry or departure details, and the application of each request for appraisal (No. 30, 32 No. 5) statute;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (1) 2, Article 4 (1) 1, and Article 4 (1) 3 of the Act on the Management of Narcotics, Etc. and the Selection of Sentence 3 (b) of the Act on the Management of Narcotics, Etc., and Article 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., and Selection of Imprisonment with labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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