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(영문) 부산지방법원 2018.03.30 2018고합42
마약류관리에관한법률위반(향정)
Text

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

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. Around 14:00 on January 21, 2018, the Defendant purchased approximately 21.72 g of Mepta (hereinafter referred to as “Mepopon”) which is a local mental medicine in which he/she divided 10,000 square meters into two in a transparent plastic bag, from a apartment in the name-free Chinese city of Cheong-do, China, and entered the Republic of Korea through an international airport around 15:50 on January 22, 2018, after purchasing approximately 21.72 g of Mepile (hereinafter referred to as “Mepopon”), which is a local mental medicine, in which he/she purchased the Mepopon (one phiopon; hereinafter referred to as “Mepopon”), concealed it on the inside of his/her movement, and beginning the airport of Cheong-do, China around 35:0 on January 22, 2018.

Accordingly, the defendant imported 21.72g Handphone from China to Korea.

2. On January 21, 2018, the Defendant administered 0.5g of ophophones purchased from the above Chinese people on the day 0.5g Aluminium among the ophophones purchased from the above Chinese people at the luxian conference around 20:00, and administered as soon as soon as possible by means of a paraloging the smoke generated by heating the ropter from the bottom thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure by prosecution;

1. Each investigation report (report accompanied by a photograph of seized articles, report related to the rate of exchange of the said articles, report related to measuring the weight of seized articles, accompanying a copy of a boarding ticket for the suspect's departure and entry aircraft, reporting on the calculation of an additional collection charge and accompanying documents);

1. The application of Acts and subordinate statutes to cover the detection photographs of philophonephones, seized objects photographs, sports pictures and cellphone photographs, philophone pictures, mobile phone photographs, entry and departure status of individuals, response to requests for appraisal, notification of the results of legal and chemical appraisal, notification of the results of legal and chemical appraisal (explosion) and notification of the results of legal and chemical appraisal;

1. Matters concerning the control of narcotics, etc. under Article 58(1)6, Article 4(1)1, subparagraph 3(b) of Article 2, and Article 2 subparag. 3(b) of the Act on the Selection and Management of Narcotics, etc., concerning facts constituting an offense;

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