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(영문) 부산지방법원 2013.11.07 2012고단10644

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

At around 19:30 on August 2, 2012, the Defendant requested F to seek approximately 10 grams of psychotropic drugs-related psychotropic drugs-related Meaks (one-name clopon; hereinafter “philopon”) from the office of the second floor E office located in the Busan Jin-gu Busan, Busan, and then called G to seek Melopon by immediately communicating with G, and G also accepted it.

On August 22, 2012, at least 21:30, the Defendant: (a) took about 10 gramphones from G in the above D market H H H H; (b) took over about 10 gramphones from G again to the above E office, 2.10,000 won as the price for rophones, and delivered the said KRW 2.1 million to G waiting for the said D market H H H head.

Accordingly, the defendant assisted the trade of philophones between G and F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of examination of the suspect against the accused and F by the prosecution and copies thereof;

1. Photographs (the seized philophone’s packaging photograph);

1. Application of Acts and subordinate statutes on investigation reports (Attachment of philophone photographs, attachment of written judgments of accomplices, etc.);

1. The reasons for sentencing under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. of Specific Crimes are as follows: (a) the Defendant was sentenced to a multiple concurrent punishment for the same crime; and (b) the Defendant again committed the instant crime despite the past having been subject to punishment such as suspended execution, etc. in relation to the operation of the illegal game room; (c) the Defendant committed the instant crime; and (d) the Defendant, at the time of the instant crime, committed the instant crime, by comprehensively taking into account the factors for sentencing unfavorable to the Defendant, such as the fact that the amount of s