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(영문) 춘천지방법원 2018.06.14 2018고단239

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated.

80,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 17, 2017, the Defendant: (a) received KRW 400,000 from E in front of the headquarters of the D Saemaul Undong Undong, Incheon, for the purchase price of philopon; and (b) issued approximately 0.7 ghon to the said E in the Defendant’s vehicle parked in the same place at around 17:20 on the same day, the Defendant received KRW 16:15,00 from E, for the purchase price of philopon; and (c) issued approximately 0.7 gonopon to the said E in the Defendant’s vehicle parked in the same place at around 17:20 on the same day.

Accordingly, the defendant sold philophones, a local mental medicine.

2. Medication of phiphones.

A. On June 17, 2017, the Defendant, who administered a philophone, was parked in the parking lot adjacent to the head office of the Korea Saemaul Bank on June 17, 2017, around 18:20, in the Defendant’s vehicle parked in the parking lot adjacent to the head office of the Korea Saemaul Bank, containing approximately 0.05g of philophones in the single-use injection machine, dilution with water, and injection into the Defendant’s arms.

B. On February 14, 2018, the Defendant administered a philophone, in the Defendant’s residence located in the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu at night on February 14, 2018, containing approximately 0.05g philophones in the single-use injection machine at night, dilution with water, and injection into the Defendant’s arms.

(c)

On February 15, 2018, the Defendant injected approximately 0.05g of philophones at night on February 15, 2018 in the same place as paragraph (b) above.

(d)

On February 16, 2018, the Defendant injected approximately 0.05g of philophones at night on February 16, 2018 in the same place as paragraph (b) above.

Accordingly, the Defendant administered philophones, which are a local mental medicine, four times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (two times);

1. Statement made by each prosecutor to E;

1. Photographs of seized articles, each protocol of seizure, each request for appraisal, reply to each request for appraisal, investigation report (Attachment of textphones and text messages), handphone photographs, investigation report (verification of personal information about the gene type detected at one-time injection equipment), investigation report (market price report and calculation report), investigation report (market price report and collection report), trends in narcotics monthly;