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(영문) 대전지방법원 홍성지원 2018.12.11 2018고단598
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

2.50,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

1. On May 13, 2017, the Defendant provided philophones by delivering 1.4g of philophones to C at the Defendant’s home located in Nam-gu Incheon Metropolitan City, a total sum of 1.4g of philophones to C, and providing philophones.

2. Purchasing phiphones;

A. On October 2, 2017, the Defendant remitted KRW 1,200,000 to the G bank account under C’s name (Account Number: H) in the name of the Defendant at around 20:39, via the account (Account Number:F) in the name of the Defendant’s seat, and purchased a written phone with approximately 10 gh from C at the Defendant’s house listed in paragraph (1) around 14:00 on October 3, 2017.

B. On July 10, 2018, around 20:0, the Defendant, at the Defendant’s home as indicated in paragraph (1) around 20:0, decided to contact with a seller of narcotics, etc. with the Internet I’s website search, and put up KRW 50,000 in the Defendant’s office mail, and purchased a penphone by finding approximately 0.1g of the penphone, which was concealed by the above person in the name of the Defendant’s office, around July 11, 2018.

3. On July 11, 2018, the Defendant administered philophones at the Defendant’s home as indicated in paragraph 1, around 04:30, and around 2-B, at the Defendant’s home, administered philophones in a way that 0.1g of philophones purchased as described in the port.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. Details of G account in the name of C, response to communications data, telephone call details, and details of sending text messages from C mobile phones;

1. Each statement on narcotics (the net 19,29,31);

1. Determination on the assertion of the Defendant of the report CD as a result of digital evidence analysis

1. The Defendant, on May 13, 2017, offered philophones to C free of charge or purchased philophones through C on October 3, 2017.

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