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(영문) 대구지방법원 김천지원 2017.11.08 2017고단1305
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 2, and 4 shall be confiscated.

From the defendant, 200.

Reasons

Punishment of the crime

The Defendant, who is not a narcotics handler, shall not sell, possess, or meine clopphones (one copphones; hereinafter referred to as “copphones”), which are drugs with a local mental disorder.

1. On August 1, 2017, the Defendant sold phiphonephones at the entrance of the D Park located in Gumi-si C, by receiving KRW 100,000 from E and delivering approximately 0.03g of phiphones contained in the one-time injection machine to the said E.

2. On August 28, 2017, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine on August 28, 2017, in the office of the G office of the Si/Gu-U.S., and by administering philophones in a way of injection to the right hand of the Defendant.

3. On August 28, 2017, the Defendant: (a) around 10:35, on the road of the GG office in front of the said KG office; (b) one-time injection machine containing approximately 1.07 gylphones and two (the total volume of water, including water, is 0.1ml and 0.2mlml) containing water-dilution in front of the KG office; and (c) one-time injection machine containing approximately 1.07mylphones into water in the Defendant’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police seizure records;

1. A copy of a response to a request for appraisal, a reply to a request for appraisal, or a copy of a summary survey result of an ABC;

1. Price for cancer transactions;

1. An investigation report (as to the attachment of documents related to official E, the attachment of a search site photograph, the identification of suspect's temporary base station for the crime of phiphone medication, the attachment of a copy of the suspect interrogation protocol to the prosecution in this case, and the addition of a copy of the suspect interrogation protocol to the prosecution in this case) / [The defendant and the defense counsel asserted that there is only a fact that the defendant provided a phiphone to E without compensation and did not sell it in money. However, the circumstances acknowledged by the above evidence, namely, the circumstances acknowledged by the above evidence, i.e., at the entrance of the D Park in the Gu and the investigative agency and this court consistently, “E” only once a phiphone is taken from the defendant for disposable use.

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