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(영문) 서울남부지방법원 2015.04.29 2014고단4727

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 27, 2014, the Defendant purchased approximately 2 grams of psychotropic drugs from a person under whose name is the sales book of psychotropic drugs, in the vicinity of the coast wharf located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, for approximately 500,000 won.

2. On August 27, 2014, the Defendant granted approximately 0.03 gramphonephones to E in the Defendant’s dwelling at Gangseo-gu Seoul Metropolitan Government, 103 Dong 709, around August 27, 2014.

3. From November 19, 2014 to November 25, 2014, the Defendant administered phiphonephones by dilution with water at a place where it is unknown from Gangseo-gu Seoul Metropolitan Government to November 25, 2014, and administered phiphones by means of injection, or drinking with drinking water.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the protocol concerning the interrogation of the accused by the prosecution (including the part concerning the E statement);

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A copy of the transaction details of E account and the details of inquiries by bank branches;

1. Notification of requests for financial transaction information, results of inquiries into banks, etc., and copies thereof;

1. A criminal investigation report (Analysis of the contents of currencies) and a copy of correspondence data;

1. Details of meetings of policyholders, attachment of details and attached materials;

1. Report on attachment of outputs of prosecution narcotics investigation system and attached materials;

1. Attachment of a photograph of “F” contact information stored in a suspect’s mobile phone;

1. Each protocol of seizure;

1. Each request for appraisal;

1. Investigation reports (related to the monetary details and accompanying details of inquiries made by subscribers);

1. Confirmation report related to the analysis of suspect's claims for emotional evidence;

1. The Defendant asserts that there is no purchase or delivery of philophones as stated in the facts charged, and that there is no fact that philophones have been administered.

However, in full view of the following circumstances recognized by the evidence mentioned above, it can be sufficiently recognized that the purchase, delivery, and medication of philophones as stated in the facts constituting the crime in the judgment of the defendant.

1. Purchase and delivery of penphones;