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(영문) 인천지방법원 2018.11.09 2018고합604
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On or around September 10, 2018, the Defendant divided approximately 2.72g of merpters (one philopon; hereinafter “philopon”) into six scopons of small plastic bags, removed copon on the bottom of the right flopon, removed two copon on the bottom of the upper flopon, removed four copon on the left flopon, attached four copon on the bottom of the lower flopon, attached four copon to a small plastic busper containing a copon, and removed 17 copon from the International Airport to 3 copon on the ground of both flopon, and removed 10 copon from the International Airport to 8 copon, and removed 10 copon from the Republic of Korea to 3 copon on the front flopon.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant imported approximately 2.72 grams of philophones, a local mental medicine, from the People's Republic of China to the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of the Incheon Airport Customs Office;

1. A copy of the detection photograph;

1. Request for component analysis and response to the result of the analysis;

1. Application of Acts and subordinate statutes to the seizure protocol, etc.;

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

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of punishment recommended on the sentencing criteria; and

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