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(영문) 서울북부지방법원 2013.09.06 2012고단2353

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

3,600,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 30, 2009, the Defendant was sentenced to one year and six months as a crime of violating the Act on the Control of Narcotics, etc., and the execution of the sentence was terminated on January 23, 2010. On April 17, 2012, the Seoul Western District Court sentenced the imprisonment of two years and six months to a violation of the Act on the Control of Narcotics, etc., and confirmed on September 27, 2012, and the judgment was seven times more punished for the same crime, and is not a person handling narcotics.

1. At first 12:00 on July 201, the Defendant received 200,000 won from F to F a single injection machine containing 2.4g philophones upon receiving a request from F to rescue psychotropic drugs (one philophone, hereinafter referred to as “philophone”) on the roads near E Station located in Dongjak-gu Seoul Metropolitan Government D, and then sent 3 a single injection machine containing 2.4g philophones.

As above, the Defendant traded philophones.

2. On August 19, 201, the Defendant: (a) received a 800,000 won clickphone from F upon the request of F to seek a clickphone on the roads near H Station located in Seongdong-gu Seoul Metropolitan Government; and (b) opened a single click injection device containing a considerable of 0.8g clickphones.

As above, the Defendant traded philophones.

3. On September 19, 201, at around 19:00, the Defendant: (a) received 800,000 won from F upon the request of F to seek phiphones on the roads adjacent to H station located in G in the Seongbuk-gu Seoul Metropolitan Government; and (b) opened a single injection device containing 0.8g of philophones.

As above, the Defendant traded philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement of the suspect examination of the accused by the prosecution (including the part concerning the statement of the F);

1. A copy of each protocol concerning the examination of suspect by the prosecution against F, I, and J;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, personal identification records, investigation reports (a copy of judgment attached);

1. Prior to the amendment by Act No. 10786, Jun. 7, 2011, Article 2 of the Act on the Control of Narcotics (amended by Act No. 10786, Jun. 7, 20