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(영문) 대구지방법원 2017.05.11 2016고단5772

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 3 shall be confiscated.

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

Reasons

Punishment of the crime

[Criminal Records, etc.] On February 25, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Tong Young Detention House on September 22, 2014, and is not a narcotics handler.

[2] On October 1, 2016, the Defendant: (a) received KRW 900,00 from C to D’s account; (b) sold 1.2 gramphones to C in the name of the Defendant’s car, who stopped in front of the bus stop located in the Sung-gu, Sungwon-si; and (c) sold approximately 1.2 gramphones to C in the name of the Defendant’s car, which was parked in front of the bus stop located in the Sung-gu, Sungwon-si; and (d) sold 1.2 gramphones.

Summary of Evidence

1. Each legal statement of the witness C, G, H and I;

1. Copy of each protocol concerning the examination of suspect by the prosecution against C, G, H, and I;

1. A protocol of seizure and a list of seizure;

1. Each investigation report [Attachment A's contact pictures of the upper line stored in the suspect C's mobile phone, confirmation of financial transaction records related to phiphones transaction between the suspect C and A, analysis of the currency records related to phiphones transaction between the suspect C and A, verification of contact details stored in the suspect's mobile phone, verification of crime temporary and financial transaction records, verification of criminal case D and C between the suspect and C, confirmation of the criminal suspect and the statement of the suspect C, confirmation of the opposite contractual party at the time of crime, attachment of text messages] (excluding each inadmissible part);

1. A previous conviction: A criminal history inquiry, investigation report (the date of release, confirmation of the date of release, and attachment of related judgments) (the defendant and his/her defense counsel asserts that although there is no fact that C had met at the time and place stated in the indictment, there is no fact of selling phiphones.

In full view of the following circumstances recognized by the records of this case, including the above evidence, the above assertion is not accepted, since the fact that the defendant committed the crime is sufficiently recognized.

1. C, I, G, and H shall be the process during which the philophone was administered on the day of the instant case, and for this purpose C.