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(영문) 제주지방법원 2017.05.12 2017고단408
마약류관리에관한법률위반(마약)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence of seizure No. 1, 4, and 8 shall be confiscated from the defendant.

Reasons

Punishment of the crime

The Defendant stated in the written indictment in 2015 as “2016,” but is obvious that it is a clerical error in the record.

9. 25. The Jeju District Court sentenced him/her to one year of imprisonment for a violation of the Narcotics Control Act, and completed the execution of the sentence in the Gwangju Prison on July 13, 2016.

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

1. On December 5, 2016, the Defendant: (a) provided the Defendant’s vehicle set up in a restaurant parking lot in which the trade name in Seoul Jung-gu is unknown; (b) paid D the purchase price of 400,000 won in cash with D; and (c) purchased a single philopon by receiving approximately two g of philopons.

2. On January 3, 2017, the Defendant administered philophones by inserting approximately 0.1g of philophones into a single-use injection machine, dilutioning the Defendant’s arms with dilution into the Defendant’s arms.

3. On February 9, 2017, at around 03:00, the Defendant administered phiphones by inserting approximately 0.1g of phiphones into a single-use injection machine and dilution them into the Defendant’s arms in the front parking lot of “H” located in G at Jeju.

4. On February 13, 2017, the Defendant: (a) kept phiphonephones by dividing approximately 1.48g of philophones into two in a single-use injection machine on February 13, 2017; and (b) keeping them in a part of the Defendant’s personal money in a single-use pen.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each investigation report (referring to the results of the inspection of simple reagents conducted by a private person on the side of the victim eight times a year, and the photographs of the victim nine times a moment);

1. Materials seized at the scene of search and seizure and photographs of the seized articles from the person under investigation;

1.The investigation report (in response to the results of the appraisal by the National Institute of Scientific Investigation on the white end), narcotics appraisal report, response to requests for appraisal (netly 28), respectively;

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