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(영문) 의정부지방법원 고양지원 2013.06.28 2012고단1071
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. No person other than a person handling the primary charge of narcotics, etc., may purchase a psychotropic drug camblopon (one camlopon; hereinafter referred to as “philopon”).

Nevertheless, at around 20:00 to 21:00 on Apr. 2, 2011, the Defendant purchased a penphone with approximately 0.3 grams contained in the one-time injection machine from the above J at the location of the “H theater” located in Gangnam-gu Seoul Metropolitan Government (Seoul) G, 300,000 won, and 0.3 grams.

B. A person who is not a person handling narcotics, etc. under preliminary charge, may not purchase a psychotropic drug camphophone (one camphone; hereinafter “camphone”).

Nevertheless, on April 201, the Defendant asked L who became aware of at K on April 201, 201, to request L to “Whophone.” On April 201, 201, the Defendant heard L to the effect that “Whophones will be able to go back to and purchase Bhophones in the vicinity of the Gu Heungdong-gu G in Seoul, Gangnam-gu, and went back to the vicinity of the above Hemophone.”

On April 201, at around 20:00 to 21:00, the Defendant attempted to purchase a penphone with approximately 0.3g of a penphone contained in the one-time injection machine from L to L at the nearby “H theater” location in Gangnam-gu Seoul Metropolitan Government (Seoul), upon request of L to seek a penphone from L, but I tried to purchase a penphone with approximately 0.3g of a penphone contained in the one-time injection machine, but I did not go through an attempted attempt because I did not have a penphone, while I did not have a rophone and did not have a rophone.

2. Determination

A. The Defendant asserts that the Defendant 300,000 won was 30,000 won in order to purchase phiphones, and that he did not purchase phiphones because he did not appear at the field of J as a supplier.

B. (1) The burden of proving the facts charged in a criminal trial is the prosecutor, and there is no room for a judge to make a reasonable doubt about the conviction.

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