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(영문) 대전지방법원 홍성지원 2017.09.20 2017고단208

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, shall not possess, possess, use, transport, manage, import, export, prepare, prepare, administer, administer, administer, deliver, sell, arrange for sale or purchase of, or offer to, a cathophone (a single catphone; hereinafter referred to as “cathophone”).

1. On March 27, 2017, the Defendant injected philophones into a single-use injection machine at the Defendant’s residence located in Kimhae-si C or 304 on March 27, 2017, and injected 0.03g of philophones into a single-use injection machine, and injected into the arms.

2. On March 27, 2017, the Defendant purchased 9.54g philopon from the name fluor (hereinafter “G”), who was parked in the front of the E located in Busan Northern-gu, the Defendant, at around 23:00, 1.3 million won from the name fluor (hereinafter “G”) who was aware of the usual fluor in another camp run by the Defendant.

After all, the Defendant traded philophones.

3. At the same time as the above paragraph b above, the Defendant, holding a philophone, was placed in the main machine of the point where the Defendant was suffering in order to sell 9.54g g of the philophone purchased from the 2nd hotel of “I” hotel in H as described in the above paragraph b.

4. The Defendant stored philophones in a single-use injection machine by dilutioning the weightless philophones at the guest room No. 206 of the above hotel from the point of insane of the above B to the point of 23:30 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure, investigation report (Evidence Nos. 8, 9, 11, 16, 19, 21, 23, 32, and 33 of the evidence list), preliminary test results, response to requests for appraisal, and response to requests for appraisal on February 2017;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;