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(영문) 대전지방법원 천안지원 2018.05.02 2017고합181
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for five years.

E.M. 1,597 E.M. 1,597 M. (Evidence 1), S. 137 E.M. (Evidence 2).

Reasons

Punishment of the crime

On June 28, 2005, the Defendant was sentenced to one year and four months of imprisonment for a violation of the Narcotics Control Act at the Daejeon District Court on June 28, 2005, and completed the execution of the sentence on August 3, 2006.

The facts of the Defendant’s previous conviction, which is the cause of aggravation of repeated crimes, do not constitute criminal facts but merely constitute sentencing, and even if the indictment does not include a provision that applies to the aggravation of repeated crimes, the court, ex officio, may punish the Defendant as a repeated offense (Supreme Court Decision 2015Do6147 Decided July 9, 2015). “The Defendant of 2017 High Gohap 181, who is not a narcotics handler, is not a narcotics handler, is prohibited from handling the Meptile, which is a local mental medicine (hereinafter “philopopon”). On May 24, 2007, the Defendant’s prior conviction, which is a part of the offense, was not indicated in the indictment, may be tried and determined, and even if the indictment does not include a provision that applies to the aggravation of repeated crimes, the court, ex officio, may punish him/her as a repeated offense by applying this provision (Supreme Court Decision 2015Do6147 Decided July 9, 2015).

After May 25, 2007, when the above 17:40 on the 17:40 on the 25th of May 2007, the international special class postal items concealed were arrived at the Incheon International Civil Aviation, and H received it with the above purport of around 17:30 on May 28, 2007.

Accordingly, the defendant imported philophones from China to Korea.

No one shall sell, store or display for sale, any drug imported without filing an import declaration of "2017 High 226" or "26."

Nevertheless, on May 28, 2007, the Defendant acquired 1,600 Sigra 140 households and Mali 140 households, which are domestically produced medicines, which were brought into Korea without filing an import declaration with the competent authority for the purpose of sale, and stored IMO5 car operated by the Defendant until May 28, 2007.

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