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(영문) 대전지방법원 천안지원 2017.11.17 2017고단1627
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

A, Defendant B (one person referred to as “D”), and E (one person referred to as “F”), respectively, are foreigners of Kazakh’s nationality, G is a foreigner of the Mazbek’s nationality, not a person dealing with narcotics.

From October to October 15, 2016, Defendants, E, and G wished to manufacture and sell a studio parking lot located in AB-CHMINACA (one studio “Sph”) which is a local mental medicine, to purchase approximately 10 g of substances used as the raw material for the said studio from the seller of the non-narcotics in the studio, and carry them into the Republic of Korea, and then use 80 parts of the studio 800 parts of each 200 parts of the studio, and to gather them from the studio to the foreigners of the studio.

As a result, the Defendants conspired with E and G in order to keep materials used as a raw material for the purpose of manufacturing a native mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning interrogation of the police officer in G;

1. Each police statement made to G and I;

1. Report on results of analysis of digital evidence and details of text messages;

1. G smartphone analysis results from the CDs and communications account details;

1. Police seizure records and list of seizure;

1. Application of each statute on photographs;

1. Article 58 (4) and Article 58 (1) 2, subparagraph 4 of Article 3 and subparagraph 2 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, Article 30 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the Defendants, while staying in the Republic of Korea, trying to import the native mental medicine in Korea; and (b) the necessity for strict punishment in light of the relevant social harm; (c) the Defendants are against the law; (d) the Defendants have no record of domestic crimes; and (e) the mother’s relationship with each other; and (e) the punishment is determined as ordered

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