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(영문) 수원지방법원 성남지원 2017.03.29 2017고단19
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 7 shall be confiscated.

from the defendant 60,000.

Reasons

Punishment of the crime

On February 10, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act (compact) at the District Court for the Defendant’s District Court on February 10, 2014, and the execution of the sentence was terminated at the District Court’s prison on November 27, 2014.

Criminal facts

Defendant is not a narcotics handler.

1. Sale and purchase of psychotropic drugs;

A. On March 28, 2016, at around 19:53, the Defendant: (a) laid off the Mesophical mental medicine (one philopon; hereinafter “philopon”); (b) approximately 0.5g of Melopon; and (c) received 300,000 won from E for the consideration thereof.

B. On May 20, 2016, the Defendant 17:26 around 17:26, on the front of G station located in Songpa-gu Seoul Metropolitan Government F, the Defendant dried up approximately 0.4g philopon contained in the one-time injection machine to E, and received KRW 200,000 from E in consideration of the price.

Accordingly, the defendant sold and purchased a local mental medicine over two times.

2. Around 19:00 on December 14, 2016, the Defendant injected approximately 0.05g of philopon into his/her left body with a single-use proprietor, after dilutioning about 0.05g of philopon from H. 401 in Seoul Jung-gu, Seoul.

Accordingly, the Defendant administered a local mental medicine.

3. On December 19, 2016, around 22:10 on December 19, 2016, the Defendant, who is in possession of a psychotropic medicine, stored approximately 1.55g g of philopon in a beer located in the location, which was divided into three parts of a disposable injection machine (HA) in Seoul, Jung-gu, Seoul.

Accordingly, the defendant possessed a local mental medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. Seizure records;

1. A written appraisal of each drug;

1. Photographs;

1. Court rulings;

1. A report on investigation (calculated additional collection charges);

1. A previous conviction: A criminal history inquiry and investigation report (verification of the period of a criminal suspect repeated crime) (the defendant denies that he/she purchases and sells phiphonephones.)

However, E's statements in investigation agencies and courts that have purchased philophones from the defendant are consistent and E.

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