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(영문) 수원지방법원 2016.09.22 2016고단2229

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Although the Defendant is not a narcotics handler, on March 10, 2016, around 22:00, within the vehicle operated by the Defendant, parked in the area near the outlet No. 6 located in Gangnam-gu Seoul Metropolitan Government, the Defendant received a philopon by delivering approximately 0.28g of Melopon (hereinafter “philopon”).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. An investigation report (Attachment of the suspect’s text message), a photograph of a suspect to capture a text message sent by the suspect to E, a criminal investigation report (Attachment of the suspect and E’s telephone details), a photograph of a suspect and E telephone details and a criminal investigation report (report on telephone details attached thereto);

1. Preparation and report of each recording book;

1. In the investigation report (in full view of the evidence stated in the judgment, submission of a copy of the indictment by reference person) / (In full view of the evidence as stated in the judgment, ① E received a request from F to request the scopon, and then consented to the request from the Defendant to request the Defendant to seek scopon, and the Defendant also asked the scopon to the effect that he/she would identify scoponon. ② On March 10, 2016, E sent time in the vicinity of the D electric railroad station located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu C, and from March 17:00 to 22:00 of the same day.

(3) From March 10, 2016 to around 21:59, the Defendant and E sent a 30-time telephone between 14:13 to 21:59, and the Defendant and E sent a 30-time telephone. ④ The Defendant driven his own vehicle and contacted E by arriving in the vicinity of the exit No. 6 of the said D electric railroad station between 21:40 on March 10, 2016 and 21:59. ⑤ Around that time, E sent the Defendant with the Defendant’s vehicle and was arrested by the investigator around 22:10 during the period when E sent the Defendant to F, and was arrested by the investigator around 0:28g of the philopon possessed by E, on the other hand, the Defendant was seized.