(영문) 대구지방법원 2014.02.13 2013고단3336

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(영문) 대구지방법원 2014.02.13 2013고단3336

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

1,150,000 won shall be additionally collected from the defendant.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The Defendant collected KRW 500,000 from C and 50,000, and conspired to purchase merpters (i.e., one philopon; hereinafter “philopon”), and written on April 15, 2013 as “the date and time of the crime on April 15, 2013” in the indictment around April 21, 2013. However, the Defendant received a request from C to request D to seek philopon from C, and the Defendant or C consistently stated that he/she purchased philopon on April 21, 2013 at the investigative agency and consistently purchased philopon on April 15, 2013, without any amendment to the indictment. Therefore, this is recognized without any amendment procedure.

Even if there is no impediment to the defendant's right to defend, it is just correct without the amendment process.

The sum of KRW 500,000 received from C and KRW 500,000,000,000,000 from C, shall be delivered to the sales books of philophones, one of them shall be delivered to C, and one of them shall be delivered to C, which shall contain the volume of philophones, and the rest of one of them shall be purchased in collusion with C in a manner in which C in collusion with it.

2. On April 27, 2013, at around 01:50, the Defendant received KRW 500,000 from C in front of the Gangseoa apartment located in the Dong-dong of Busan Metropolitan City, and sold approximately 0.5g of philopon to C.

3. On April 29, 2013, around 23:00, the Defendant received KRW 1.50,000 from D in front of the PC bank in which the trade name located in the Daegu Dong-gu Newdong is unknown and sold 0.06g of philopon to D.

4. On April 30, 2013, at around 02:00, the Defendant administered philophones, purchased from the sales books of philophones with no name known, such as Paragraph 1, in a d-Dong-gu E-dong building D, Daegu-gu, Daegu-gu, 201, by dilution them into coffees.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Protocols of seizure, results of inspection, ...

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