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(영문) 인천지방법원 2013.06.19 2012고단11864

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal power] On February 11, 2010, the Defendant was sentenced to ten months by the Incheon District Court to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and completed the execution of the sentence at the Incheon Detention Center on September 6, 2010.

【Criminal Facts】

On October 20, 2011, the Defendant requested D to seek psychotropic-related psychotropic drugs-related Mescopons (one-name “Handphone”; hereinafter “Handphones”) from the office of the office of Nam-gu Incheon Metropolitan City Ctel 802, and requested D to purchase Mescopons by contacting E who handle the flatphones. < Amended by Presidential Decree No. 23284, Oct. 21, 2011>

On October 21, 201, the Defendant, who received contact from D, remitted 600,000 won (excluding 1,700 won) in the name of the purchase price in the name of F in the name of F used by D, and D again remitted 60,000 won (excluding 1,700 won) to the new bank account in the name of E on the same day, around 21:25 on the same day.

D Upon receipt of the above L/C payment from D, E entered approximately 0.4g of the philopon into a cell phone gambling room, and then packages it in a paper room. On October 22, 2011, E requested to deliver it to E’s private call articles. At around 05:00 on the same day, D opened a paper room containing the above philopon from the above private call articles before the above “C Officetel,” and the Defendant received from D at the house of No. 802, the above “C Officetel,” to 802, a paper room containing the above philopon from D.

Accordingly, the defendant purchased approximately KRW 00,000 from E with D's arrangement about KRW 0.4g of phiphones.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each prosecutor's protocol of examination of the accused (including D's statement)

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Copy of the prosecutor's statement concerning E;

1. A copy of account details (E) and transaction details of agricultural cooperatives using D;

1. Three copies of the telephone calls, and one copy of the telephone call sent by suspect A Handphones;

1. Previous convictions in judgment: Criminal records and personal records;