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(영문) 인천지방법원 2014.10.08 2014고합355
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

The defendant is not a person handling narcotics.

1. On June 8, 2014, the Defendant of Handphones came to Chinese Cheong-do around June 10, 2014 after receiving the contact that he was residing in China and called China Cheong-do.

On June 10, 2014, the Defendant: (a) obtained a proposal from C to “to provide psychotropic drug campers (one penphone; hereinafter referred to as “copon”) to the Republic of Korea; and (b) obtained a recommendation from C to “to give copon KRW 50-6 million to the unborn male; and (c) obtained a vinyl paper containing approximately 11.73g of a copon from C; and (d) on June 19, 2014, at around 19:00 (Korean time 20:0:0) on the air, the Defendant arrived at the Incheon National Airport provided at around 21:22 of the same day.

Accordingly, the Defendant conspiredd with C to import approximately 11.73g of philophones in China.

2. At around 14:00 on June 10, 2014, the Defendant administered phiphones by inserting approximately 0.05 g of phiphones into glass tubes within C’s car parking lot located at the Chinese Cheongdo International Airport, and then taking them into the phiphones in a manner of inhaleing smokes from heated into glass tubes.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection;

1. Analysis result report and information on requests for appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 6, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Prevention of Narcotics, Etc., Article 30 of the Criminal Act on the Prevention of Criminal Crimes, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., Article 60 (1) 2, and Article 60 (1) 1 of the Act on the Control of Narcotics, etc., and Article 2 subparagraph

1. From among concurrent crimes, a violation of the Act on the Control of Narcotics, Etc. due to the importation of heavy filterphones (the punishment shall be more severe) under the former part of Article 37, Article 38(1)2, or Article 50 of the Criminal Act;

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