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(영문) 대전지방법원 서산지원 2018.02.08 2017고단1035

마약류관리에관한법률위반(향정)등

Text

1. The punishment of the accused shall be one year;

2. The confiscated evidence 4 through 7 shall be confiscated;

3...

Reasons

Punishment of the crime

A person, other than a narcotics handler, shall not trade, receive, possess, possess, possess, use, or administer chophones, which are a local mental medicine, and shall not cultivate, possess, own, or keep marijuana.

Defendant is not a narcotics handler.

1. On February 10, 2017, around 19:00, the Defendant sold phiphones to F who requested purchase of phiphones from E in front of the D hotel located in Nam-gu Incheon Metropolitan City, and sold phiphones to F eight times in total from around that time to May 30, 2017, as shown in the list of crimes in attached Table, from around that time.

2. On November 21, 2017, the Defendant: (a) visited G from the PC room in the Nam-gu Incheon Metropolitan City, Nam-gu, and searched “small atmosphere”; and (b) promised to purchase a penphone by linking it with the sales volume of the penphone; (c) purchased KRW 500,05 g of 1.05 g of phiphone in the Nam-gu, Incheon Metropolitan City; (d) around 22:0 on the same day, the Defendant purchased 1.05 g of phiphone from the 22:0 of the same day to 11:00 on November 29, 201.

3. On November 28, 2017, the Defendant: (a) administered one time among the phiphones purchased from the Nam-gu Incheon Metropolitan Government I, 3 heading rooms around 02:00 on November 28, 2017; and (b) administered one time in a crophone to the coffee.

4. The Defendant kept marijuana in custody by November 29, 2017 by inserting it in the original form by November 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to F;

1. Investigation report (Attachment of F mobile phone analysis details) and data attached thereto;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a simple test certificate and notification of the results of each legal chemical appraisal;

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. under Specific Crimes (