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(영문) 의정부지방법원 2018.04.23 2018노697
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) K appears at the investigative agency and the court of original instance to the effect that the Defendant would have administered narcotics by the Defendant, at the court of original instance.

In light of the fact that F stated the statement to L in the process of meeting L with L, the Defendant issued, traded, and administered the Memoptopy (hereinafter “Memopopon”), which is a local mental medicine, as indicated in the instant facts charged, the fact that the Defendant issued, traded, and administered the Memopon (hereinafter “Memopon”).

Nevertheless, the judgment of the court below that the defendant was not guilty is erroneous and adversely affected by the judgment.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is that the Defendant is not a narcotics handler, and thus cannot handle phiphones.

1) On July 22, 2016, the Defendant: (a) installed in the Dobong-gu Seoul Metropolitan Government apartment parking lot; (b) provided F with a single-use injection machine containing approximately 0.05 grams of philopon to F; (c) received philopon; (d) dilution the said injection machine with water at the same location; and (e) administered the said injection into F’s arms blood line; and (e) administered a single-use injection machine containing approximately 0.05g of other philopon in possession of the Defendant, in the same way, administered philopon to the Defendant’s arms in the same way.

2) On July 29, 2016, the Defendant: (a) set up in the said E-M apartment parking lot and sold to F a single cron injection machine in cash for KRW 300,000,000; and (b) administered chophones in such a manner that the said chophones were dilution into water at that place; and (c) administered chophones in the manner that the said chophones were injected to F’s chosomes.

3) The Defendant: (a) around August 11, 2016, 201, set up in the above E apartment parking lot and set up in F F’s instant E apartment parking lot, containing approximately 0.05 grams of philopon to F in cash.

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