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(영문) 인천지방법원 2016.07.15 2016고합313
마약류관리에관한법률위반(향정)
Text

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

4.09 g (No. 1 and appraisal) seized by the Defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, is prohibited from dealing with clophophones (one philophones, hereinafter “philophones”), but imported and administered philophones as follows.

1. On May 12, 2016, the Defendant: (a) stored approximately 4.59g of the penphonephones sealed in five small plastic bags (Korean nationality, one name C) from his/her name fluor; and (b) stored them in the Defendant’s occupied machine; (c) imported the penphones in a manner of entering the Incheon International Airport of the Republic of Korea from the airport of Cheongdo in China to the Incheon International Airport of the Republic of Korea on May 12, 2016.

2. On May 12, 2016, at around 15:00, the Defendant administered philophones by means of drinking 0.1g of chophones on the chophones on the chophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. A report on detection of the Incheon Airport Customs Office, a request for customs ingredients analysis, and a reply to the results of the analysis, and a response to appraisal;

1. E information and dialogue photographs, and contact information of “C”;

1. Application of Acts and subordinate statutes to a report on investigation (calculated for collection related to administration of 0.1g phiphonephones);

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. 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 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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