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(영문) 인천지방법원 2017.05.26 2017고합179
특정범죄가중처벌등에관한법률위반(향정)등
Text

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

approximately 194.95 gram (No. 1), 53.72 gramlopon (Evidence. 1)

Reasons

Punishment of the crime

1. Medications (one philoopon; hereinafter referred to as “philoopon”);

A. On March 21, 2017, the Defendant injectedd approximately 0.03g of oponon from the mutual influor guest rooms in Thailand room around 20:00 to the cocks room on the opon inhaled machine, and inhaled the smoke emitted from the opon in the opon inhaled machine.

B. On March 23, 2017, the Defendant administered approximately 0.03 grams in a car parked near the camping market in Thailand around 19:20 on March 23, 2017 in the above manner.

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

2. On March 23, 2017, the Defendant imported phiphonephones by dividing approximately 248.93g Handphones into three plastic bags in the hotel room of Thailand around 20:20 on March 23, 2017, and concealing them into three plastic bags and carrying the above bags, and arrive at the Incheon International Airport around 06:36 of March 24, 2017.

Accordingly, even if the Defendant is not a narcotics handler, he imported philophones, which are a local mental medicine equivalent to KRW 24.8 million, into the Republic of Korea in Thailand.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. One copy of a reply to the analysis of ingredients of the Incheon Customs, and a reply to the request for appraisal (A) and the application of the Acts and subordinate statutes of the request for appraisal; and

1. Article 11(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 11(1)6 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 58(1)1, Article 4(1)3(b) of the Narcotics Control Act, Article 2 subparag. 3(1) of the Act on the Aggravated Punishment, etc. of Narcotics, Etc. (the importation of phiphones and the selection of organic imprisonment) and Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. (the provision of phiphones and the choice of imprisonment with prison labor)

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravated Punishment for Concurrent Crimes (the importation of the largest philopon).

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