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(영문) 창원지방법원 2017.06.08 2017고단260
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 8 shall be confiscated.

from the defendant 1080,000 won.

Reasons

Punishment of the crime

[criminal history] On April 17, 2014, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 17, 2014, and completed the execution of the sentence at the Gwangju Prison on January 26, 2016.

[2017 Height 260] No person, other than a narcotics handler, may possess a local mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant took the following actions against the Metepha (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine.

1. On January 22, 2017, around 19:05, the Defendant: (a) carried the E-Operation’s FK5 car parked in front of the “Del” located in Busan East-gu, Busan, by dividing it into five in Vinylphones, approximately 48.98g Handphonephones, and carried it.

2. The Defendant, at around 19:10 on the same day as the preceding paragraph, kept approximately 4.86 g of philopon in the book room located in (ju) G in Busan Dongdong-gu, Busan.

3. The Defendant 1: (a) moved in the Defendant’s operation, which was parked in the foregoing 2. paragraph (2) above from a day-to-day border; (b) divided the Defendant’s operation from a passenger car and approximately 0.73 g of a philopon into two for a single-time injection unit; and (c) stored the goods in the storage of the goods.

[2017 Highest 1009] Even if the Defendant is not a narcotics handler, the Defendant treated the Metropha (the diaphonephone, hereinafter referred to as the philophone) as follows, which is a local mental medicine.

4. On May 27, 2016, the Defendant sold philophones for approximately KRW 0.07g of clophones to L around the Kelel located in the J of Changwon-si, Changwon-si on May 27, 2016.

5. On May 31, 2016, the Defendant sold approximately KRW 0.07g of opon to L, in the vicinity of the above K K KM, around May 31, 2016, around KRW 0.07g of opon to L.

Summary of Evidence

[2017 Highest 260]

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Each protocol of seizure and the list of seizure;

1. A statement on narcotics appraisal;

1. Photographs (2017 Height 1009);

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to L;

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