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(영문) 인천지방법원 2014.11.19 2014고단3696
마약류관리에관한법률위반(향정)
Text

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

A certificate of about 99g color fluent powder in a seized non-fluorial plastic bag.

Reasons

Punishment of the crime

On March 26, 2010, the Defendant was sentenced to two years and six months for the violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on March 26, 201, and completed the execution of the said sentence at the Cheongju Prison on July 8, 2013, and was not a person handling narcotics.

1. At around 11:00 on May 12, 2014, the Defendant, around May 12, 2014, ordered C to sell a penphone to C, using C’s phone, to purchase approximately 10 grams of psychotropic drugs (one-name “philopon”; hereinafter “philopon”).

At around 11:00 on the same day, the defendant met C, or caused C to find about 10g of the penphonephone, which was hidden in a garbage bag, and sold a penphone with the price of KRW 1.8 million from C.

2. On May 12, 2014, at around 15:30 on May 12, 2014, the Defendant: (a) sent a telephone to the above C on the same day as that of the above paragraph (1); (b) again sold approximately 10g of philophones at KRW 1.8 million; (c) C received first of the philophones, and (d) accepted that C would purchase philophones on the condition that the price should be paid later.

At around 15:30 on the same day, the Defendant sold philophones by having C take approximately 9.22 grams of philophones concealed in the lower garbage at the same place.

3. On May 15, 2014, the Defendant, on May 15, 2014, carried phiphones by inserting approximately 99g of phiphones on the front side of the E-way located in Incheon Bupyeong-gu D, Incheon, in order to sell them to C, and carried phiphones by keeping them in a certified vinyl paper.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against F, C, and G;

1. A copy of the seizure record, a copy of the seizure list, and a copy of the seized site;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Response to the request for appraisal;

1. Calculation of additional collection charges: The third prosecution against F;

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