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(영문) 인천지방법원 2020.04.28 2020고합32
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for five years.

Each penphone (certificate Nos. 1 through 6) seized is used for each appraisal.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On December 28, 2019, the Defendant, through the Malaysia’s advertising, proposed to offer money from a psychotropic drug-related person (i.e., one-time clopon; hereinafter referred to as “clopon”) to transport a bank that carries a psychotropic drug from a psychotropic drug-related person (i.e., one-time clopon; hereinafter referred to as “clopon”).

Accordingly, B delivered Malaysia to the defendant from Malaysia, and the defendant conspireds to take the role of delivering Malaysia to the non-scopon who is directed by B after transporting the Malaysia to the Republic of Korea.

On December 30, 2019, the Defendant: (a) delivered a bank containing approximately 8.440,00 won in Korea and approximately 1,903.03 g of opon from a Malaysia Macroud Floz, which was sent by B on December 30, 2019; (b) deposited a bank in the international air port of Macroudio Cudio Plouda (on-site hours) at around 23:25 (on-site hours) on December 30, 2019; (c) deposited the bank in which opon was concealed as luggage; and (d) arrived at the first passenger terminal of the Incheon International Airport around 06:18 on December 31, 2019.

Accordingly, the Defendant imported Malaysia from Malaysia to Korea in collusion with B, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Seizure records;

1. A report on detection of customs, a report on temporary ingredients analysis, a response to the results of analysis of customs ingredients, and a response to the customs preparation result;

1. 수사보고(긴급체포 후 수사진행 상황), 피의자와 위챗 닉네임 ‘B'의 대화내용 사진, 수사보고(피의자와 공범자 간의 모바일 메신저 대화내용), 피의자의 텔레그램 대화내용 사진 법령의 적용

1. Articles 58 (1) 6, 4 (1) 1, and 2 subparagraph 3 (b) and 3 (b) of the Act on the Management of Narcotics, etc. under the relevant Acts on criminal facts;

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