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(영문) 의정부지방법원 고양지원 2015.12.04 2015고단2758
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 11, 2015, the Defendant: (a) on September 11, 2015, at D located in Seongbuk-gu, Sungnam-si; (b) around 0.3g of psychotropic drugs, one injection equipment containing approximately 0.3g of psychotropic drugs (one philopon; hereinafter “philopon”); and (c) one injection equipment containing approximately 0.05g of philopon to E; and (d) received 2.30,000 won as the price therefor.

2. On October 5, 2015, the Defendant administered 0.13g of philophones in G located in Yeongdeungpo-gu Seoul Metropolitan Government F, by inserting them in coffee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A request for appraisal, a reply to a report on appraisal (a reply to a report on appraisal with the State);

1. The details of telephone calls (E, A), and the details of multiple telephone calls A and E;

1. The Defendant and the defense counsel asserts that they did not sell philophones to E in connection with the trade of philophones, rather received from E and administered without compensation, and that money received from E was received money prior to the example.

However, in full view of the following facts and circumstances admitted by the above evidence, the facts charged in this case are recognized, and thus, the defendant's assertion is not accepted.

(1) E consistently makes a statement from the criminal investigation agency to the court of law, and consistently acknowledges the facts charged after being charged with the purchase of phiphones from the criminal defendant, and there is no special circumstance that E makes a statement unfavorable to the criminal defendant.

(2) The details of E's mobile phone calls correspond to the E's aforementioned statements.

(3) The defendant also recognizes that E is a market price corresponding to 2.30,000 won paid to the defendant's philophones sold and sold.

④ The Defendant stated that the police met E at around September 2015, as well as whether E was able to take notes from time to time. This was the same.

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