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(영문) 대구지방법원 2014.07.24 2014고단434

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

90,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On February 22, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on February 22, 2012, and was nine times of the same military force, including the completion of the execution of the said sentence in the Daegu Prison on July 2, 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On December 1, 2013, around 18:00 to 19:00, the Defendant received KRW 300,000 from G on the street in front of the F market located in Daegu-gu, Daegu-gu, and sold the psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

2. On December 24, 2013, at around 23:55, the Defendant received KRW 300,000 from G within one’s own car parked on the street in the G of the Daegu Suwon-gu Enterprise Bank, and sold the philopon volume to the said G.

3. On January 2, 2014, at around 20:35, the Defendant received KRW 705 from K Hospital in the Nam-gu, Daegu, Daegu, and KRW 300,000 from G, and sold the philopon volume to the said G.

4. At around 14:00 to 15:00 on January 7, 2014, the Defendant granted approximately 0.1434 g of philopon to G at the place under the foregoing paragraph (3).

Summary of Evidence

1. Legal statement of L;

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

1. A copy of the second examination protocol concerning L to the prosecution;

1. Protocol of the prosecutorial statement concerning G;

1. Copy of the protocol of prosecutorial statement concerning L;

1. A copy of each investigation report (in relation to telephone calls between a suspect and a merchant ship A, G, and L, respectively, and a copy of each investigation report;

1. Report on each investigation (the analysis of cell phone calls of a suspect, the attachment of copies of a report on suspect interrogation to the prosecution, and the calculation of additional charges);

1. Four copies of a statement of currency; and

1. Decision of Daegu District Court 2014dan661

1. Previous convictions: Criminal records and investigation reports (verification of crimes during the suspect A repeated crime period) are made by the defendant on the date and time limit of the criminal facts indicated in the prosecutor's investigation, as to whether the defendant sold or delivered phiphones to G without compensation.