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(영문) 대구지방법원 포항지원 2014.05.15 2013고단660

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

1.5 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 24, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 24, 2008, and completed the execution of the sentence at a wooden prison on December 9, 2009.

1. He shall not trade psychotropic drugs unless a person handling narcotics, etc. violates the Act on the Control of Narcotics, etc. by selling and buying psychotropic drugs;

At around 22:00 on October 27, 2010, the Defendant sold 2g of psychotropic drugs to D and E on the front of the opening point of Guro-gu Seoul Metropolitan Government opening, through C, a brokerage book, and sold psychotropic drugs at KRW 1.5 million.

2. He shall not give or receive psychotropic drugs unless a person handling narcotics violates the Act on the Control of Narcotics, etc. by giving or receiving psychotropic drugs;

At around 02:00 on October 31, 2010, the Defendant issued and received 2.07 g of philopon to C, which is an intermediary, in order to sell philopon to D and E on the front of the 4th sending station located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Part of C’s statement concerning the suspect interrogation protocol (335 pages of investigation records) against the defendant

1. A protocol concerning the examination of suspect of the accused (236 pages of investigation records);

1. Part of C’s statement concerning the police interrogation protocol (127 pages of investigation record) of the defendant

1. Statement of the police statement regarding C (98 pages of investigation records);

1. Each statement of D and C;

1. Notification of requests for cooperation with investigation and investigation;

1. A criminal investigation report (a report on the record keeping file and a report on the confirmation of communication confirmation data in loan records shall be attached);

1. A previous conviction: In inquiry of criminal records and other criminal records, the confirmation date of the date of discharge, and the judgment of the defendant's assertion, the defendant asserts that C filed a false accusation, which he/she had never committed any crime as indicated in the judgment.

According to the records.