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(영문) 대전지방법원 서산지원 2017.09.15 2017고단513
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall sell, administer, or possess Memphographs (hereinafter referred to as "philopon") which are a local mental medicine.

1. Purchasing philophones;

A. On January 2017, the Defendant: (a) expressed his/her intent to purchase a phiphone with “B” and “C,” a mobile phone display on the first and second day; and (b) deposited KRW 500,000 of the purchase price of the phiphone with the national bank account in the name of the “E” corporation designated by him/her.

After that, the Defendant purchased philophones by receiving approximately 0.5g vinylphones, which were sent by D through H from G located in Seosan City F on the same day 18:00, from H through I.

B. On February 2, 2017, the Defendant: (a) expressed his/her intention to purchase the instant phone to D, a mobile phone display system “B” and “C”; and (b) deposited KRW 600,000 of the purchase price of the instant phone to the national bank account with the said national bank account.

After that, at around 21:00 on the same day, the Defendant purchased phiphones by receiving approximately 0.7g of a philopon in one philopon, which is contained in the front cover of D in the object of a building building located adjacent to the exit of Dongdaemun-gu Seoul, Dongdaemun-gu (J No. 4).

2. On March 4, 2017, the Defendant administered philophones by dilution approximately 0.05 g of philophones in the room at the address of Seosan-si, 206 Dong-dong 302, Seosan-si, 2017.

3. Around 15:55 on March 8, 2017, the Defendant, holding a philophone, carrying approximately 0.15g of the philophone in front of the Macul chain L in Seongbuk-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the protocol concerning the examination of suspects of the police officers 2 and 3 times with regard to D;

1. Each protocol of seizure and a list of seizure (record 148, not more than 153, not more than 153);

1. Application of Acts and subordinate statutes on the purchaser's A C arodi photograph and a letter of appraisal of narcotics;

1. Article 60 (1) 2, Article 4 (1), and Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment.

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