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(영문) 대전지방법원 홍성지원 2018.12.11 2018고단598

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

2.50,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

1. On May 13, 2017, the Defendant provided philophones by delivering 1.4g of philophones to C at the Defendant’s home located in Nam-gu Incheon Metropolitan City, a total sum of 1.4g of philophones to C, and providing philophones.

2. Purchasing phiphones;

A. On October 2, 2017, the Defendant remitted KRW 1,200,000 to the G bank account under C’s name (Account Number: H) in the name of the Defendant at around 20:39, via the account (Account Number:F) in the name of the Defendant’s seat, and purchased a written phone with approximately 10 gh from C at the Defendant’s house listed in paragraph (1) around 14:00 on October 3, 2017.

B. On July 10, 2018, around 20:0, the Defendant, at the Defendant’s home as indicated in paragraph (1) around 20:0, decided to contact with a seller of narcotics, etc. with the Internet I’s website search, and put up KRW 50,000 in the Defendant’s office mail, and purchased a penphone by finding approximately 0.1g of the penphone, which was concealed by the above person in the name of the Defendant’s office, around July 11, 2018. < Amended by Presidential Decree No. 24201, Jul. 11, 2018; Presidential Decree No. 24268, Jan. 1, 2018>

3. On July 11, 2018, the Defendant administered philophones at the Defendant’s home as indicated in paragraph 1, around 04:30, and around 2-B, at the Defendant’s home, administered philophones in a way that 0.1g of philophones purchased as described in the port.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. Details of G account in the name of C, response to communications data, telephone call details, and details of sending text messages from C mobile phones;

1. Each statement on narcotics (the net 19,29,31);

1. Determination on the assertion of the Defendant of the report CD as a result of digital evidence analysis

1. The Defendant, on May 13, 2017, offered philophones to C free of charge or purchased philophones through C on October 3, 2017.