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(영문) 인천지방법원 2017.08.23 2017고합249
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four years.

It remains after being used for appraisal among approximately 80.34g of seized philophones (No. 1).

Reasons

Punishment of the crime

1. On April 25, 2017, the Defendant, administering a merptopon (hereinafter “copon”), sent approximately 0.03 galphones with C along with C in an influorial hotel guest room located in a Chinese blue City on April 25, 2017, and dyponed the bottom of the mercopon by cutting the mercopon into a fluor, and dypine and dypine dypine dypine dypine dypine dypine dypine.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On April 26, 2017, the Defendant planned to import Handphones into the Republic of Korea along with C, concealed approximately 80.34g Handphones in the Defendant’s negative part, i.e., the Defendant, at the airport toilet of Cheongdo in China, into the Defendant’s negative part. On the same day (on-site view) around 09:40 (on-site view) the Defendant boarded the airport of Cheongdo, and arrived at the Incheon International Airport at around 11:50 on the same day.

Accordingly, even though the Defendant is not a narcotics handler in collusion with C, the Defendant imported approximately 80.34 grams of philophones, a local mental medicine, in China, into the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Application of customs discovery reports, detection photographs, responses to analysis, requests for appraisal (A amendments) by a customs reporter, a minor summary trial examiner, and requests for appraisal (A amendments);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (a) of Article 2, Article 58 (1) 6, and Article 4 (1) 1 of the Narcotics Control Act, Article 4 (1) 3 (b) (a) of the Act on the Management of Narcotics, Etc., Article 58 (1) 6, and Article 4 (1) 1, and subparagraph 3 (b) (a) of Article 2 of the Act on the Management of Narcotics, Etc., and Article 2 of the Selection of Narcotics, Etc.;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes to the extent that the punishment is aggregated with the long-term punishment for a crime of violation of the Narcotics Control Act due to the import of heavy silphones, within the scope that such punishment is added to the punishment for a crime of violation

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following sentencing grounds), 53, and 55 subparag. 1. 3 of the Act (the favorable circumstances among the reasons for sentencing).

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