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(영문) 수원지방법원 2018.02.08 2017고단5596
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

1,000,000 won from the defendant.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on February 28, 2015 and completed the execution of the sentence on December 3, 2015.

Despite the fact that the Defendant is not a narcotics handler, the Defendant received, sold, and administered the Megatocule (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

1. On March 26, 2017, the Defendant: (a) delivered and received 0.56g of philopon to E, which was parked on the road front of the E’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; and (b) delivered and received 0.56g of philopon to E free of charge in its clopon’s car in front of the E’s copon.

2. On June 4, 2017, the Defendant: (a) around 18:00, the Defendant: (b) parked on the front road of the G Hospital located in F at the Chungcheongnam-si, Chungcheongnam-do; (c) received KRW 2 million from E in the future; and (d) sold to E approximately five grams of plasticphones, which is double-sincined in plastic paper and newspaper.

3. The Defendant, like the preceding paragraph, injected 0.05 grams of philophones into a single-use injection machine at a time and at the same time at or below the Jinnam-si, and injected them with water and dilution, after injection with his arms.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement [i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., (i) the E’s statement is relatively consistent and concrete from the investigative agency to the present court; (ii) the details of the statement about the receipt and purchase of the Defendant, the circumstances leading up to the purchase of the philopon; and (iii) the place and circumstances, etc. are objectively reasonable and reasonable; and (iv) E was seized 3.5g of the philopon which was arrested to the police for long time after the Defendant’s acquisition of five grams from the philopon; and (v) during the period from the date E was arrested, it is likely that the philopon’

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