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Reasons
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(영문) 대구지방법원 2013.08.06 2013고단1473
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not less than one year and six months.

1,200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 25, 2012, at around 23:00, the Defendant issued approximately KRW 700,000 to the D Hospital in Daegu-gu, and sold Mespophoty (one penphone; hereinafter referred to as the “Mespopon”) psychotropic drugs, after receiving KRW 70,000 from E.

2. The Defendant, around January 28, 2012, at around 21:30, is a person who committed a crime at around February 28, 2012. However, according to the records, it is obvious that it is a clerical error.

In the case of E-owned Benz car parked on the side of the F Building in Daegu-gu, he received approximately KRW 300,000 from E and delivered approximately 0.5 g of opon and sold it.

3. On September 2012, the Defendant administered approximately 0.05 g opphones in coffee at an office where the trade name in Daegu Seo-gu G is unknown, and administered approximately 0.05 g opphones in a coffee.

4. On January 28, 2013 or around 15:30 on January 28, 2013, the Defendant administered approximately 0.05 g of philopon in the same place as the preceding paragraph, in a way of delivering it to coffee.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each legal statement of E and H;

1. Statement of each prosecutorial statement concerning E and H;

1. Second-time protocol of interrogation of suspects of E;

1. Requests for each appraisal;

1. Each protocol of seizure;

1. Each investigation report (the attachment of a map of a crime place, etc. and the calculation of an additional collection charge);

1. The defendant and defense counsel asserts that there is no room for the defendant to sell philophones to E two times.

However, E consistently stated from the investigative agency to this court that purchased phiphones from the Defendant had consistently purchased phiphones from the Defendant two times from the Defendant. On January 25, 2012, E and H expressed to the same effect as E in relation to the crime on the date and time of the above crime in this court when purchasing phiphones from the Defendant.

In addition, E makes philophones from the defendant.

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