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(영문) 부산지방법원 2018.04.12 2017고단3909
마약류관리에관한법률위반(향정)
Text

The defendant shall be innocent.

Reasons

[2] On September 21, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 15, 2014, and completed the sentence at the Ganpo Prison on December 15, 2014. On February 3, 2017, the Defendant was sentenced to imprisonment with labor for a term of three years in the above court and the judgment became final and conclusive on July 13, 2017, and the same criminal records are more than once.

Criminal facts

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On June 4, 2016, around 23:00, the Defendant received philophones by delivering approximately 0.14 g of Mesophopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopic (one phiopopopopopopopopopopopopopopopopopopopopopopopopopopopop

2. On June 6, 2016, around 23:50, the Defendant purchased and sold philophones in the front door of G apartment in Pakistan-si, Gyeonggi-do, in a manner that 1.50,000 won from F and 0.35 g philophones from F to him.

3. On June 20, 2016, the Defendant purchased and sold phiphones in front of the above apartment building at night, by means of 600,000 won from F and putting about 0.8g of phiphones to him.

4. On June 25, 2016, the Defendant traded philophones in front of the above apartment on the street around 23:30 on June 25, 2016, by means of 1.50,000 won from F and 0.35 g of philophones to him.

5. On July 29, 2016, the Defendant received philophones by delivering approximately 0.21g of philophones to F without compensation in front of the above apartment on the street around July 29, 2016.

[Judgment]

1. In light of the F’s statement at the investigative agency and this court as evidence to support the facts charged of the instant case, the Defendant and F currency details, and the fact that the Defendant actually met F at the time and place indicated in the facts charged, there is doubt as to whether the Defendant did not sell or deliver phiphones at least more than five times out of five times indicated in the facts charged.

2. However, a prosecution has been instituted in a criminal trial.

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