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(영문) 대구지방법원 의성지원 2013.04.23 2012고합20
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. Despite the fact that a person handling narcotics, etc. other than a person handling narcotics, etc. of this case is prohibited from importing, receiving, administering, or delivering narcotics, the Defendant, on November 2009, reported on the bulletin board of the “ direct transaction place” online, “Chion and North Korean drinking”, which was opened by D residing in the Chinese Mabro, and tried to purchase D’s contact information through electronic mail, from D’s psychotropic drugs, and continued to engage in transactions since that date.

1. On December 1, 2009, the Defendant decided to purchase 10 opphones from D, and received the opphones from D around December 2, 2009, by dividing 10 opphones into 2 opphones from Macara NX826, which transported to international air freight in Korea by means of international air freight.

2. On January 6, 2010, the Defendant decided to purchase 1g of philopon from D, and D concealed 1g of philopon in the clothes from the luminous low-water in China to the international air freight through the Kenya-type Pacific CX412, and had it arrive at the Kimpo International Airport Cargo Office, but the Defendant thought that the said philop was exposed to the investigation agency, and waived its receipt.

Accordingly, the defendant imported 11g of philophones in collusion with D.

2. Determination:

A. The import of psychotropic drugs under the Psychotropic Drugs Control Act (repealed by the Act on the Control of Narcotics, Etc., enacted by Act No. 6146, Jan. 12, 2000) refers to the act of bringing psychotropic drugs into the territory of the Republic of Korea from overseas to unloading them from the territory of the Republic of Korea, regardless of their purpose or intent.

On the other hand, the Psychotropic Drugs Control Act aims at preventing any possible misuse or abuse of psychotropic drugs from causing harm to public health and sanitation.

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