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(영문) 대전지방법원 2017.10.24 2017고단1688

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

4.50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on February 16, 2016, and completed the execution of the said sentence at the Incheon Detention Center on June 23, 2016.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Megatop clop (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On October 3, 2016, around 21:50 on October 3, 2016, the Defendant purchased and sold a disposable injection device from the 'D' guest room located in Daejeon Seo-gu Daejeon Seo-gu Daejeon, using a crophone to E for approximately 0.53g philopon to 350,000 won.

2. At around 22:00 on the same day, the Defendant continued to put in the guest room of the above “D” to a single-time pononconconconconconconconconconconc on one-time ponconconconconconconconconconconconconconconconconconc

Summary of Evidence

1. Legal statement of witness E;

1. To make a statement to the defendant some of the records concerning the interrogation of the suspect in the first and second prosecutor's office;

1. Statement made by the prosecution against E;

1. A response to a request for appraisal (fre: 1 cm - voice, 1cm to 4cm - quantity, 4cm to the end of 4cm- quantity);

1. Recording records;

1. Currency details;

1. A criminal investigation report (calculated on an additional collection charge) and a criminal investigation report (individuals and photographs of the current status of entry or departure);

1. Previous convictions: The results of inquiry: (A) and investigation report (the confirmation report of repeated crime against A by an internal offender) [the defendant and his defense counsel asserted that E was true on the day of committing the crime, or that there was no fact that he sold or administered phiphones, and thus, the witness E specifically stated the facts charged in the instant case, and such statement is replaced by the witness from the time when E submitted a written statement to the prosecutor's office on December 1, 2016 to the time when E was present as a witness.

In addition, the statements of E include the contents of telephone call before and after the lapse of the time frame stated in the facts charged between the defendant and E, and the contents of the contact between the two persons.