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(영문) 수원지방법원 안산지원 2017.10.17 2017고합124
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

250,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

After the Defendant conspireded to import Mempophographs (one philopopon; hereinafter “philopon”), which are C and a local mental medicine, to import Memopon, and received KRW 2.2,50,000 from Memopon C on June 2015.

After that, on June 11, 2015, the Defendant concealed approximately 0.8g of philopon in the English book from Melopon to Melopon (D) and entered the addressee into “C”, “C”, “Seoul Mapo-gu E building No. 401,” and “G” in the place of receipt so that C may receive the above international express transmission cargo. On June 11, 2015, the said international special transmission cargo arrived at the port of Incheon International Airport located in Jung-gu Incheon International Airport (PR) in the Republic of Korea, Jung-gu, Incheon, as H, around June 11, 2015.

Accordingly, the Defendant conspiredd with C to import philophones into Korea.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement by each prosecutor with respect to C;

1. A copy of the investigation report (including photographs and photographs attached thereto, taken under subparagraphs 1 through 3 of the evidence);

1. A copy of a report on detection of Mept users, a copy of a request for component analysis, and a copy of a response to analysis results;

1. Application of Acts and subordinate statutes to report the market price related to additional collection charges;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting a crime, and Article 58 (1) 3, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [the basis for calculation of additional collection: 250,000 won from the revenue of phiphones];

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is as follows: (a) the Defendant did not import philophones into the Republic of Korea as indicated in the judgment; and (b) the person who sent philophones to C.

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