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(영문) 대구지방법원 2018.07.18 2018고단1921
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Seized evidence 2 through 6 shall be confiscated, respectively.

from the defendant 474.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Receipt of Handphones;

A. On February 8, 2018, the Defendant issued approximately 0.1g of Melopon to C, which is a local mental medicine in a single-use injection device, in the vicinity of the Defendant’s residence located in the Chang-gu Mapo-gu, Changwon-si, Changwon-si B, and received Melopon by free delivering approximately 0.1g of Melopon to C.

B. On March 19, 2018, the Defendant issued, at a parking lot, approximately 0.1g of philopon contained in vinyl Ma, to F without compensation, and received philopon.

2. On April 2, 2018, the Defendant: (a) received a request from G to sell 10,000 won of opphones on credit from G at a place where it is unknown; (b) on the same day, the Defendant traded 0.1g of opphonephones in G to sell 0.1g of opphones in the white of vinyl Mapo-si, Changwon-si, Mapo-si; and (c) sold 0.1g of opphones in the white of a vinyl.

3. At around 12:00 on April 19, 2018, the Defendant administered phiphones by inserting approximately 0.03 g of phiphones into a single-use injection vehicle located on the roads of the KM5 passenger’s station located in J of the Madon-si, Changwon-si, Madon-si, and inserting phiphones in a way of dilutioning them into arms.

4. On April 19, 2018, the Defendant: (a) around 15:50 on April 19, 2018, in front of the Myeon Office of Busan, located in 268, the Myeon Office of the Busan, the Plaintiff: (b) carried a handphone with approximately KRW 4.67 g of phiphone; (c) kept approximately KRW 0.22 g of phiphone in the Myeon Office of the Busan, the Myeon Office of the Busan, and carried a handphone with a total of KRW 4.89 g of 4.89g.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against C or M;

1. A written appraisal of each drug;

1. A protocol of seizure and a list of seizure;

1. Report on investigation (as to the progress of the investigation of the suspect's accomplice) and photograph thereof;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts (the receipt, delivery, sale, medication, or administration of phiphonephones);

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