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(영문) 서울남부지방법원 2015.05.08 2015고합105
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 2, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) due to the import of pentethylene, etc. (flavoring) issued an order for 30ml2 disease of 0ml ethyl ethyl (Isoppy nitrite, one-day nitrite), temporary narcotics, etc. by accessing the Internet site (D) using computers at the Defendant’s dwelling located in Yangcheon-gu Seoul and the fourth floor, Yangcheon-gu Seoul and the Defendant’s dwelling. After paying USD 45.92, USD 45.92, the Defendant’s credit card of the Defendant, entered the “E”, “E”, “E” in the column for the addressee’s purpose.

Accordingly, the non-existence of the name who resides in the zecocon was placed in the e-mail brine 2 disease, and the fin language arrived at the Incheon National Port at around 08:20 on September 5, 2014, using the AY041 Air finine for international mail.

Accordingly, the defendant imported temporary narcotics closely.

2. Around 12:40 on September 29, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (fence) due to the possession of pentethyl alcohol, etc., stored approximately 2.52 g of pentethyl nitte, a temporary narcotics delivered from F (G) in the Defendant’s residence, in a color glass bottle.

Accordingly, the defendant possessed temporary narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, photographs of seized articles, and seals attached thereto;

1. Application of Acts and subordinate statutes governing request for appraisal, reporting on and attachment of the detection of 60ml (2 disease) by the International registry office using cocop International Postals, response to the results of analysis, public announcement of designation of temporary narcotics (change), attachment of e-mail pictures related to the details of orders for temporary narcotics, etc., and application of the request for appraisal

1. Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3(a), Article 5-2(5) of the Act on the Selection of Narcotics, Etc. for Criminal Facts and Article 58(1)3, Article 3 subparag. 5, Article 5-2(5) of the Act on the Control of Narcotics, Etc. (the occupation of importing pentethyl et al.), Article 59(1)5, Article 3 subparag. 5, Article 2 subparag. 3(a) and Article 5-2(5) of the Act on the Control of Narcotics, Etc.

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