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(영문) 창원지방법원 통영지원 2014.05.21 2013고단949
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

450,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant is a psychotropic person who is not entitled to handle psychotropic drugs clocks (i.e., a single philopon; hereinafter referred to as “philopon”).

On June 2, 2013, at around 11:00, the Defendant purchased philophones by means of cutting off philophones, 4.50,000 won in front of the Domina Domina, G through C and 50,000 won in White paper.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Application of Acts and subordinate statutes to telephone conversationss, investigation reports (Attachment to A telephone conversationss of suspects), investigation reports (Attachment to the details of transactions of deposits in and out of the target accounts), investigation reports (verification of the fact of withdrawal of 4.50,00 won in cash of the suspect on the day of the case), investigation reports (Attachment

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is a person who is not entitled to handle the psychotropic drug clocks (i.e., a single philopon; hereinafter referred to as “philopon”).

The Defendant, from March 12, 2013 to May 11, 2013, administered a philophone in an irregular way from the day of the Gyeongnam-si to the day of the Gyeongnam-si.

2. The purport of Article 254(4) of the Criminal Procedure Act stipulating that “The facts charged shall be stated clearly by specifying the time, date, place, and method of a crime,” is to ensure the efficiency and speed of a trial by limiting the object of a trial, and at the same time to facilitate the exercise of defense by specifying the scope of defense and facilitate the exercise of defense by the defendant. As such, the prosecutor, as a prosecutor, must state specific facts that constitute the elements of a crime so that it can be distinguishable from other facts by taking account of the aforementioned three specific elements.

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