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(영문) 대전지방법원 2016.08.18 2016고단1949
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 3 shall be confiscated.

457,140 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 7, 2016, the Defendant, in collusion with C, sold approximately 0.7 grams of Mesofts (one philopon; hereinafter “philopon”), a local mental medicine, to F in front of the E in Daejeon-gu, Daejeon-gu, and traded philopon by selling approximately 0.7 grams of Melopon to F.

2. On June 13, 2016, at around 05:00, the Defendant received approximately 0.1g of philophones from the above C in front of the Hemophone located in Daejeon Daejeon-gu, Daejeon-gu, with free delivery of approximately 0.1g of lophones.

3. On June 13, 2016, at around 05:30, the Defendant administered clophones by inserting approximately 0.1g of clophones into a single-use injection machine and dilution of bio-phones, and administering clophones in a way of injection.

4. On June 13, 2016, the Defendant kept approximately 2.75 grams from Kcomher 302 in the Jung-gu Daejeon Daejeon, Daejeon, the Defendant possessed a phiphone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F or C;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Report on investigation (report attached to a copy of the protocol concerning the interrogation of a suspect in a public offense C) - Protocol concerning the interrogation of a suspect in each police service against C;

1. Investigation report (report accompanied by a copy of indictment attached to the F for a crime committed);

1. A report on investigation (report on the calculation of an additional collection charge);

1. A certificate of simple test results;

1. A request for appraisal, recovery from a request for appraisal, or response to a request for appraisal;

1. Written replys to a request for appraisal;

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Act on the Control of Narcotics, etc. and the point of trade of philopon selected for a punishment: Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act on the receipt and delivery of philopon, medication, and possession: Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. (or choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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