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(영문) 부산지방법원 2013.06.14 2012고단9779

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized evidence No. 1 (No. 3202) is the pressure of the District Prosecutors' Office in 2012.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics. < Amended by Presidential Decree No. 23690, Dec. 2012>

On November 17, 2012, around 18:00, the Defendant possessed a phiphone by inserting approximately 1.53 g of psychotropic drugs contained in plastic bags in the street near the amusement room located in Jung-gu Busan, Jung-gu, Busan, in the form of inserting approximately 1.53 g of a philopon (hereinafter “philopon”).

On March 17, 2012, the Defendant received the money of KRW 591,00 from D to the post office account under the name of the Defendant at KRW 15:41 on the same day, upon the request of D to receive the money of KRW 15:41,00 on the same day. Around the same day, the Defendant sent baggage, which was hidden at approximately 0.5 g of the penphone, from the Busan Simpo-dong bus Terminal located in the Simpo-gu Busan Metropolitan City around the same day.

D On March 17, 2012, at around 23:30, it had E receive baggage, where the Defendant sent out from a bus terminal located in Thaik-si, Thaik-si.

Accordingly, the Defendant traded philophones to D as above.

Summary of Evidence

2012 Highestest 9779

1. Defendant's legal statement;

1. Police seizure records;

1. Requests for appraisal;

1. Investigation report (the weight error of seized articles);

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Each prosecutor's interrogation protocol on E and D;

1. Responses to requests for the provision of financial transaction information and the details of each currency (No. 35 through 45 No. 5)

1. Application of Acts and subordinate statutes to an investigation report (the confirmation of the receipt of bus and freight concealed phiphones, the analysis of the details of currency, and the details of financial transactions in D post office accounts);

1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10768, Jun. 7, 201; hereinafter the same) on criminal facts and Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Management of Narcotics, Etc. (amended by Act No. 10768, Jun. 7, 201); Articles 60(1)2, 4(1), and 2 subparag. 3(