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(영문) 대전지방법원 서산지원 2018.05.21 2017고단966
마약류관리에관한법률위반(향정)
Text

Defendant

A For the crimes Nos. 1 and 2 of the list of crimes in [Attachment A], the crime is committed in 8 months of imprisonment, and the list of crimes in [Attachment] 9].

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to a suspended sentence of eight months for a crime of violation of the Narcotics Control Act at the Incheon District Court on November 3, 2010; on July 21, 2016, Defendant A was sentenced to a suspended sentence of two years for fraud at the Seoul Southern District Court; on July 21, 2016, Defendant A was sentenced to a suspended sentence of two years for a crime of fraud; on August 26, 2015, Defendant B was sentenced to a suspended sentence of two years for a final judgment; and on October 19, 2015, Defendant B was sentenced to a suspended sentence of six months for an attempted crime by fraud at the Central District Court on August 26, 2015.

[Criminal facts] No person, other than a narcotics handler, may sell, arrange, receive, possess, or use a local mental medicine.

Defendants are not narcotics handlers.

1. Defendants A conspired to sell philophones brought from China, the Philippines, etc. through Defendant BF to G.

Accordingly, Defendant A, at around 18:00 on March 2014, contacted G in front of the I Station located in Guro-gu Seoul Metropolitan Government, and sold 10,500,000,000,000,000,000,000,000,000,000,000. Defendant B sold 2.5,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

The Defendants jointly sold 30 g of 7.5 million won in total in the market price over three occasions, such as 1,2, and 9 chrophones Nos. 1, 2, and 9 (only 9 chrophones trading volume of the second criminal facts).

2. Defendant B solely sold 30,000 philophones worth KRW 7,50,000 in total market price over three occasions, such as the [Attachment] Nos. 4, 5, and 6 of the List of Crimes in the above manner.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Partial testimony of witness B and G;

1. In regard to the Defendants, part of the protocol of interrogation of the suspect against the Defendants is written (definite part).

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