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(영문) 수원지방법원 2016.05.12 2015고합696
마약류관리에관한법률위반(향정)
Text

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

1.17g(s) of color-finding body presumed to be seized philophones.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:

1. Medication of phiphones;

A. On May 19, 2015, the Defendant: (a) at the Defendant’s residence located in Gangnam-gu Seoul Metropolitan Government (hereinafter “Seoul”); (b) displayed a promptly fluor on a glass bottle; (c) opened a fluoron fluor in a gambling place; and (d) administered the fluor by hanging the bottom thereof.

B. On November 25, 2015, at around 01:00, the Defendant administered the instant drugs at the dwelling space of a person without a name, who is in the Chinese Sym-ro D, in a manner that makes it possible for the Defendant to raise the volume of phiphones on the booming ground, and then makes the bottom of the instant drugs by raising the volume of phiphones from the booming ground.

2. At around 11:00 on November 30, 2015, the Defendant: (a) stored and concealed a approximately 1.17g of oponon in a bridge for E’s travel, which is accompanied by the Defendant and the Defendant, at the port of Chocheon International Airport located in the city of Doncheon-gu, Incheon, the Republic of Korea; (b) entered the Incheon International Airport on November 30, 2015; and (c) imported the same in a way of entering the Incheon Airport Search Team located in the Jung-gu, Incheon, Jung-gu, Incheon International Airport on November 30, 2015 through the Incheon Airport Search Team.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocols concerning interrogation of the police in G or E, or copies thereof;

1. A response to a request for appraisal, or a reply to a request for appraisal;

1. Records of police seizure and list of seizure (185, 186 pages of evidence);

1. Application of the photographic Acts and subordinate statutes;

1. Articles 58(1)6, 4(1), and 2 subparag. 3(b) (the point of import of phiphones and the choice of imprisonment with prison labor) of the Act on the Control of Narcotics, etc. under the relevant Act on the Crime, and Articles 60(1)2 and 4(1) and 2 subparag. 3(b) (the point of administration of phiphones and the choice of imprisonment with prison labor) of the relevant Act on the Control of Narcotics, etc.;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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