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(영문) 인천지방법원 2016.09.02 2016고합441
마약류관리에관한법률위반(향정)
Text

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

With the exception of 0.1g of seized philophones 1.78g appraisal;

Reasons

Punishment of the crime

On June 19, 2016, the Defendant concealed approximately 1.8gg of Mepta (one philopon; hereinafter referred to as “philopon”) in a wallet, which the Defendant was holding, at the lower end of the Chinese heart, and entered the Incheon National Port (CZ) around 19:12 of the same day after he was on board at around 17:00 of the same day.

Accordingly, even if the defendant is not a person handling narcotics, he imported psychotropic drugs from China to Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Records of seizure by prosecution;

1. Each request for appraisal;

1. The application of Acts and subordinate statutes to the detection report and photographs of the Incheon Airport Customs Office, the analysis report of the Incheon Airport Customs Office, the report on the results of the analysis of the Incheon Airport Customs Office, the seized objects photographs

1. Article 58 (1) 6, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the Selection of Narcotics, Etc. concerning Criminal Facts (Selection of Imprisonment for a limited term);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The defendant and his defense counsel asserted that the defendant's assertion of the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc., the defendant and his defense counsel entered the Republic of Korea with respect to the remaining part of the penphones after the administration of the penphones in China, holding them on the wall, and did not have any intention to import the penphones. However, the defendant stated that the defendant had no intention to import the penphones, but the defendant contained the penphones of this case into the wall card after being put into the part of the rophones of this case in the part of the rophones of this case, which can be administered more than 15 to 20 times even without the administration of the rophones, and brought them to the public port, as alleged by the defendant, in view of the fact that the defendant administered the rophones of this case only at the airport, and if it appears that the rest of the rophones were left in China, the defendant and his defense counsel did not have merit.

The reason for sentencing.

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