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(영문) 인천지방법원 부천지원 2015.07.17 2015고단462

마약류관리에관한법률위반(향정)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is not a person handling narcotics.

On September 1, 2014, the Defendant sold approximately 0.8g of psychotropic drugs, which are psychotropic drugs, contained in a one-time injection machine, to H in the G office located in Seo-gu Incheon, Seo-gu, Incheon, to 800,000,000 and traded phiphones.

B. On September 2014, the Defendant sold approximately 0.4g of philophones contained in H in a one-time injection machine at the street, before the entrance of the underground parking lot of the building of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for sale and purchase of philophones.

2. Determination

A. Since the Defendant contests H that there is no fact of selling phiphones, it is examined as to the statement of H, which is the most important evidence in recognizing the facts charged.

1) According to the Defendant’s legal statement and the Defendant’s report on analysis of the details of H currency (Investigation Record 253 pages), the Defendant and H were found to have met at the G office on September 3, 2014. However, upon reporting the instant facts charged to the investigation agency, H expressed that “I want to administer phiphones within the J and vehicle, and then requested the Defendant to administer phiphones, and then requested the Defendant to do so at the G office, and, at the G office, received phiphones from the Defendant, J and administered within the J’s vehicle in front of G regularly.” On the part of the Defendant and the G office, it was inconsistent with the Defendant’s statement that “I want to administer phiphones and sell phiphones to the Defendant,” and that I did not have any consistency with the Defendant’s statement that “I would like to take part in phiphones from the J and G office to another investigation agency,” and that H’s statement that “I would have been able to administer phiphones from 2 to another investigation agency.”