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(영문) 서울중앙지방법원 2018.01.31 2017고합1283
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (hereinafter referred to as “philopon”) of a local mental medicine as follows:

1. On February 2017, the Defendant: (a) received sampling from the name “C” (hereinafter “C”, which is a book for the supply of the non-personal phone; (b) around February 2017; and (c) sent from Vietnam to “C”; (d) on June 2017, the Defendant received an additional order from the Defendant’s residence of the Gwanak-gu Seoul Special Metropolitan City E and the 1st underground floor to “C”; (c) sent the bitco, the amount of which is approximately KRW 600,000,000,000,000 to “C” as the price for the non-phone.

Since then, "C" added approximately 1g philopon to the ghular phone and concealed the addressee as the defendant, sent the addressee as an international express shipment to the defendant, and the above international peculiar transmission water arrived F at the Incheon International Public Port on June 13, 2017.

Accordingly, the Defendant imported philophones in collusion with “C”.

2. Medication of phiphones.

A. On June 14, 2017, the Defendant administered approximately 0.1g of opon-on-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-c

B. On July 8, 2017, the Defendant administered approximately 0.1g of philophones on the clickel located in the Seoul Gelim-dong in a way of cryering them into beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and lists and photographs of seized articles;

1. A written appraisal of each drug;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc., Article 30 of the Criminal Act (the importation of phiphones and the selection of imprisonment with prison labor) concerning the crime, Article 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the fact of phiphone medication, the selection of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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