beta
(영문) 부산지방법원 2012.09.14 2012고단3531

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 1, 201, the Defendant: (a) paid KRW 200,000 to E at the Domoel located in Busan-gu, Busan-gu, and then purchased approximately 0.6g of psychotropic drugs from E, Mesopha (hereinafter “lophone”).

2. On May 201, 201, the Defendant received philophones by receiving approximately KRW 0.03 g of philophones from F from May 21, 201, around 21:00.

Summary of Evidence

Facts No. 1

1. Legal statement of witness E;

1. The prosecutor's office and the police statement of E;

1. The fact under subparagraph 2 of the judgment of each prosecutor's office on the F's statement;

1. Each prosecutor's office and police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning criminal facts, the choice of each sentence, and the choice of imprisonment, respectively.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel in determining the assertion of the defendant and his defense counsel under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., for additional collection, claimed that the defendant and his defense counsel met E and F at the DNA, but this is true that because the defendant asked F to spathn with her mother while having asked F to spathn with her mother, it is only a thing to her mother children, and that there is no purchase or delivery of spathnopon from E and F.

Since E makes a statement from an investigative agency to this court in a consistent manner, E's statement has credibility.

However, since F has reversed its statements several times, it is considered whether certain statements are more reliable or not.

From the police to the first prosecutor's statement, F showed the appearance that E sells phiphones to the defendant.