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(영문) 서울서부지방법원 2013.06.20 2012고단1974
마약류관리에관한법률위반(향정)
Text

The defendant is innocent.

Reasons

1. The summary of the facts charged is as follows, although the Defendant is not a narcotics handler, he dealt with the psychotropic drug Mesponty (ponopon, hereinafter referred to as “ponononopon”).

At around 00:30 on the first day of July 2009, the Defendant received 1.5 million won from D, and sold D a gram-phone to D within 1.5 million won on the front of the E-road parked in the luxing of Gyeonggi-do at around 06:00 on the same day.

B. Around 20:00 on September 19, 2009, the Defendant received KRW 500,000 from D in the street near G located in Geumcheon-gu Seoul Metropolitan Government F, and sold D approximately 0.7 gramopon to D in the Defendant’s franchise located in the vicinity of G around 02:00 on September 20, 200 and sold D approximately 0.7 gramopon to D in the X-gu car.

2. Determination

A. The Defendant consistently denies the facts charged by an investigative agency to the extent that it does not have any means to sell phiphones.

B. As evidence corresponding to the above facts charged, there is a protocol of prosecutorial statement as to D.

However, D stated that approximately 0.4g of a part of the penphone purchased from the Defendant on July 2009 was given to H, which was located in the passenger car (the fourth statement 33 pages), and reversed H’s statement that he was unable to give a penphone to H in the mass newspaper with H. Around the above time, H stated that there was no penphone from D, and that H made a statement that there was no penphone on the part of the Defendant’s name (the witness H’s testimony, the prosecutor’s examination of H’s suspect), the Defendant and D did not appear and make a statement at the court, and that D’s statement was not made on September 20, 209, the charge that the Defendant sold a cellphone to D on September 20, 209, which changed from September 20 to September 20, 2009, and that the Defendant made a statement that changed from D on September 20, 2009 to D’s name.

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