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(영문) 의정부지방법원 2019.07.18 2018고단5470
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant is not a person handling narcotics, but is not a person handling narcotics, and thus, he shall not handle the psychotropic drugs so that he may not handle the psychotropic drugs in a single name.

From April 3, 2018 to around the 12th day of the same month, the Defendant administered philophones on one occasion in the remaining-si or Gyeonggi-si, Gyeonggi-do (hereinafter referred to as the “Seoul-nam-si”) with a view to raising the volume of philophones on the gambling site, and thereby raising a smoke caused by heating the philophones on the philophones, or by other in any other irregular way.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Records of seizure and the list of seizure;

1. Preliminary Report on Narcotics, response to each request for appraisal, each request for appraisal, each narcotics appraisal report, re-notification of requests for appraisal, copies of response to requests for appraisal, copies of a narcotic appraisal report, copies of a close inspection, copies of the results of the drug reaction test, and the application of Acts

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant scam the drugs of the AP in order to reduce the weight of the body at the time indicated in the facts charged of this case on a regular basis, and there is no fact that the scam administered the scam.

2. According to the police interrogation protocol and prescription copy (No. 2, No. 107 of the Investigation Record), B stated to the effect that the Defendant delivered the Defendant the remaining 15 of the 30 diex, which he prescribed, around April 3, 2017. According to the psychotropic drug summary photographs and the NAB margin output (Evidence No. 2) submitted by the Defendant, the above Adiex, which the Defendant received from B and claimed that the Defendant used one time each day during the period indicated in the instant facts charged, shall be the diex as its principal ingredient.

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