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(영문) 대전지방법원 홍성지원 2014.08.08 2014고단452

마약류관리에관한법률위반(향정)

Text

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

1.70gs, among seized philophones 1.76gs (certificate 1) shall be confiscated.

No. 3.

Reasons

Punishment of the crime

On January 31, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Western District Court on January 31, 2012, and was reinstated for one year and six months, and completed the execution of the sentence on November 29, 2012.

Defendant is not a narcotics handler.

1. At around 02:00 on May 18, 2014, the Defendant: (a) 300,000 won upon the Defendant’s request from E to rescue the Mestopphone (hereinafter “Mestopphone”) from E on the front of D in Gangseo-gu Seoul Metropolitan Government; and (b) 300,000 won upon the Defendant’s request to rescue the Mestopphones (hereinafter “Mestopphone”); and (c) 300,000 won upon giving the said Mestopphone F in the vicinity of the Gstop Station located in the same Dong, and arranged to trade the Mestopphones by sending it to the said E.

2. At around 00:10 on June 28, 2014, the Defendant: (a) 130,000 won, upon I’s request from H on the street located in Man-dong-dong-gu G, Manyang-si to seek writingphones; (b) 1,30,000 won, and (c) 1,30,000 won, and 1.76 g of writingphones, which was located in the vicinity of the Defendant, tried to arrange the trade of writingphones by using the method of sending it to the said I; and (d) did not go through a attempted attempt to arrest the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Second police suspect interrogation protocol against the accused (including E substitute part);

1. Records of seizure, the list of seizure, and the measurement of weight of penphones;

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and Acts and subordinate statutes on the current status of expropriation;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of arranging the sale and purchase of phiphones) of the Act on the Control of Narcotics, etc., Articles 60 (3) and 60 (1) 2, and 4 (1) 1, and 2 subparagraph 3 (b) (the point of attempted intermediation of the sale and purchase of phiphones) of the Act on the Control of Narcotics, etc., and

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics, Etc.