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(영문) 청주지방법원 2015.08.21 2015고단603

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

700,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On December 1, 2012, the Defendant purchased approximately KRW 300,000 to E, in front of the restaurant of “D” located in Daegu Northern-gu, Daegu Northern-gu, and approximately 0.8.g of the Mesophical medicine, a mematic medicine (hereinafter “copon”).

2. Even if the Defendant is not a narcotics handler, on February 1, 2013, the Defendant purchased 300,000 won to E, using approximately 0.8g of chophonephones, at the places described in the foregoing paragraph 1.

3. Even if the Defendant is not a narcotics handler, on April 27, 2015, the Defendant administered a fluoral phone in the vicinity of the Fgu Seo-gu, Daegu-gu, with a fluoring volume of fluorl in drinking water.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of each prosecutor's protocol of examination of the accused

1. Each police statement of E;

1. Each appraisal request, call details, investigation report (Attachment to a mobile phone call station) 【Defendant and defense counsel asserted to the effect that there was no purchase of phiphones from E from each date, time, and place listed in the judgment of the Defendant, as stated in No. 1 and No. 2. However, in full view of the following: E’s consistent statement to the effect that “the Defendant sold phiphones to the Defendant at each date, time, and place listed in the judgment of the Defendant; the existence of each time, time, time, location of each base station, and defense that are indicated in the judgment of the Defendant; and the fact that the Defendant purchased phiphones from E at each date, place, and place listed in No. 1 and No. 2 of the judgment of the Defendant; thus, the Defendant and defense counsel’s above assertion is rejected.”

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Selection of imprisonment with prison labor chosen;

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