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(영문) 인천지방법원 2017.08.09 2017고합342
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

The Defendant, who is not a person dealing with narcotics, was not a person dealing with narcotics, but did not deal with clophophones (the cophophone "copon"; hereinafter the copon), but imported and administered the copon as follows.

1. The Defendant: (a) sent this philophone to the Republic of Korea from a foreign country D (the nationality of Thailand, the name E, the name “E”); (b) the Defendant decided to receive the philophone in Korea.

Accordingly, on May 2017, D, with double packaging of opon 2.35 gylphones, concealed them in human form, and then sent the addressee to the H building in Jung-gu, Incheon, "F, G", and "608", and the 608 international mail, and the e-mail was loaded in Malaysia's 066 Malaysia at Malaysia's Studio Pua Airport on June 2, 2017, and arrived at the Incheon International Public Port around 13:13,00.

Accordingly, the defendant imported Malaysia from Malaysia to the Republic of Korea in collusion with the above D.

2. On June 6, 2017, the Defendant: (a) inserted the volume of opon into the opon medication body in favor of the Defendant’s residence located in the Jung-gu Incheon Metropolitan City H 608 building; and (b) administered opon in a way of spreading the smoke generated by heating the opon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Investigation report (to attach six photographs of the philopon medication equipment voluntarily submitted by the person under investigation);

1. Customs discovery reports and response reports on the results of the analysis;

1. Application of the Acts and subordinate statutes to a narcotics appraisal report and a reply to a request for appraisal;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 60 (1) 2, Article 4 (1) 1, and Article 4 (1) 3 (b) of the Act on the Control of Narcotics, Etc. (the importation of phiphones, the selection of imprisonment for a limited term), Article 60 (1) 2, and Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the receipt of phiphones, the selection of imprisonment for a limited term);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravated Punishment for Concurrent Crimes (the sentence is due to the importation of heavy sopphones).

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