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(영문) 대전지방법원 천안지원 2017.05.18 2017고단453

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is not a person dealing with narcotics, and shall not handle Metephophones (one philophone, hereinafter referred to as “philophones”) which are local mental drugs.

1. On July 30, 2015, the Defendant administered a philopon in a guest room where it is impossible to identify the heading room of the cate located in B at around 06:00 on July 30, 2015, the Defendant administered the philopon in a way that the philopon, the quantity of which is not known, puts the philopon above the alcopon on the Alumin aluminium day, and inhales the smoke emitted by heating the alphopon into the alter as soon as plastic as possible.

2. On July 31, 2015, the Defendant: (a) around July 31, 2015, at the Defendant’s residence located in W in W, asked E to seek the philopon; and (b) intended to purchase the philopon along with E by requesting E to buy the philopon at the Defendant’s residence located in W.

Accordingly, the Defendant issued 80,000 won in cash to E in front of the G subway station located in the Namdong-gu Incheon Metropolitan City in around 15:00 on the same day as the purchase price, and E paid 80,000 won in cash to H at the same place and received approximately 1.4g of phiphonephones.

Accordingly, the defendant purchased philophones in collusion with E.

3. On July 31, 2015, the Defendant administered a philopon in a manner that inhales approximately 0.5 g of the philopon purchased, such as paragraph (2), on July 31, 2015, by inserting approximately 0.5 g of the philopon on the Alumin aluminium day, and inserting the philopon in a manner that inhales it as promptly as plastic.

4. On August 2, 2015, the Defendant administered a philophone in a manner that inhales approximately 0.5g of the philophones purchased, such as paragraph (2), at around 04:30 on August 2, 2015, the Defendant administered the philophones by inserting approximately 0.5g of the philophones purchased as indicated in paragraph (3) at around 04:30 on August 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol (H);

1. Protocol and list of seizure;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 60 of the Act on the Management of Narcotics, Etc., which constitutes a crime and Article 60 of the Act on the Management of Narcotics, etc., which is the choice of punishment.