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(영문) 인천지방법원 2019.10.17 2019노1821
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant purchased phiphones from D on December 7, 2016.

2. Determination

A. Notwithstanding that the Defendant is not a person handling narcotics, around December 7, 2016, around 01:10, the Defendant purchased approximately KRW 100,000 to D, and approximately 0.2g of psychotropic drugs, at the vicinity of the CPC bank located in Michuhol-gu Incheon, Michuhol-gu, Incheon, and purchased approximately 0.2g of psychotropic drugs.

B. The lower court determined that the Defendant purchased a phiphone from D, as indicated in the facts charged, in light of the following: (a) the statement of D is specific and consistent; (b) the details of D’s account and the statement of D’s currency with the Defendant and D conforms to the above D’s statement; (c) the Defendant did not resisting D with respect to false information; and (iv) the Defendant did not seem to have any circumstance to inform D of false information.

B. D (i) On August 29, 2017, when attending an investigative agency on the part of August 29, 2017, and promised to exchange in currency with the Defendant, and then waiting in the PC. Around December 7, 2016, when the Defendant got a phone from the Defendant, then the PC was sent to the said PC, and then the PC was sent to the G Association account by receiving KRW 100,000,000 from the PC.

It is argued that the defendant had consistently sold philophones to the court of original trial after the statement, and that he had consistently sold philophones to the defendant.

On the other hand, the defendant asserts that there is no fact that D was met at the time, and that there is no fact that he purchased philophone from D.

According to the evidence duly adopted and examined by the court below, as the defendant's argument, the defendant did not fully pay the amount of 2 million won that the defendant should pay to D, and D stated that the defendant first expressed his intention to purchase the philopon, but D appears to have first made a telephone contrary to D's statement.

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