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(영문) 창원지방법원 진주지원 2017.02.08 2016고단925
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[2016 Highest 925] The Defendant is not a narcotics handler.

1. From the beginning of August 2016, the Defendant received a delivery from E of approximately 0.13g of the Memptotop ctop ctop ctop ctop ctop ctop c to a white paper, which is a local mental medicine (hereinafter referred to as “philopon”) c to the upper end of the D School located in Jinju-si, Seoul, without compensation, at around 16:00.

2. From the beginning of August 2016, the Defendant sold to G approximately 0.1g of the whitephone, which is 0.1g of the white gram, in cash, at the top of the H restaurant run by G in J in Jinju-si, around 17:00, the date between the middle and the middle order.

3. On September 24, 2016, the Defendant administered approximately 0.03g of philopon on the top of the JJ’s car set on the street near I apartment at J, J around Jaju, in a way of crypting it to a coffee in a way of crypting it into J.

[2017 Highest 14] On November 23, 2016, the Defendant appeared as a witness in the case of violation of the Act on the Control of Narcotics, Etc. against Changwon District Court Decision 201, J. 928, J. 201, which was located in J. 303, J. 2016.

Defendant 1 directly received a phone call from G around August 2016 to request a philopon, and sold a philopon to G on the same day, and the J did not say that the philop was the philopon.

The testimony was made to the effect that “.........”

However, in fact, the defendant did not have a direct call with G on August 2016, and the J told that he would seek phiphones, so the J mediated the sale of phiphones by the defendant.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

[2016 Highest 925]

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;

1. Copy of the protocol concerning the examination of suspect to the J; and

1. Investigation report (report on the results of the preliminary experiment for dives of uriant narcotics - quantity), investigation report (written appraisal of narcotics proposed by her mother - quantity);

1. Communication Confirmation Data (K), A.

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