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(영문) 대구지방법원 김천지원 2018.12.07 2018고단77 (1)

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

38 (Evidence 1), 35 (Evidence 1) for disposables seized. 35 (Evidence 1) for disposables

Reasons

Punishment of the crime

The defendant is not a narcotics handler, but a person who is not a person handling narcotics, shall not sell or administer mert cloids (one philopon, hereinafter referred to as "philopon") which is a local mental medicine.

1. On May 10, 2017, the Defendant: (a) called “a person having knowledge of his/her inner phone is seeking to use a philopon; and (b)” to “B, on the same day, notify E of the mobile phone numbers; and (c) B, called “a person having knowledge of his/her inner phone” to pay the price when sending a 0.7g of the philopon to E at a place on the same day.”

On May 10, 2017, the Defendant received approximately 0.7g of philopon in a part of a disposable-ro Y, Daegu-gu X using high-speed bus freight services, and the Defendant deposited KRW 500,000 in the AA account (AB) designated by E in the name of Z around 22:59 on the same day.

Accordingly, the Defendant conspired with B to purchase philophones.

2. On May 14, 2017, around 14, 2017, the Defendant received approximately 2.1g of the philopon contained in three for a single-use package sent by E to its location using high-speed bus freight services in around May 14, 2017. The Defendant received approximately 2.1g of the philopon contained in three for a single-use package sent by E to its location.

Accordingly, the Defendant conspired with B to purchase philophones.

3. From June 14, 2017 to June 17, 2017, the Defendant administered philophones several times by inserting the volume of philophones into a single-use injection machine from the Defendant’s home, Kimcheon-si Building AK Building L, Kimcheon-si, the Defendant’s house, and dilution them with water.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness R and the legal statement of AM of the witness;

1. The protocol which contains some of the statements made by the prosecution against the defendant in the interrogation of the suspect, and the protocol which contains the interrogation of the suspect B to the prosecution.