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(영문) 인천지방법원 2016.01.07 2015고단4161
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by eight months for the crimes of No. 2 of the judgment.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on December 16, 2014 at the Jung-gu District Court on December 8, 2014, and the said judgment became final and conclusive on December 16, 2014 and is currently under suspended execution.

[2] Criminal facts are established by rhymizing the facts charged to the extent that there is no concern about actual disadvantage in exercising the defendant's right of defense

1. On December 10, 2014, the Defendant: (a) on December 10, 2014, around December 10, 2014, 199: (b) on December 10, 201, the Defendant 301 of the DNA Telecom in Gwanak-gu in Seoul Special Metropolitan City, a check number of KRW 2.5 million at face value to pay KRW 1.4 million; and (c) on December 10, 201, the Defendant 5g of the Mepta (one philopon; hereinafter referred to as the “Melopon”).

Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.

2. The Defendant committed the crime of December 26, 2014, at the same place as indicated in paragraph (1) at night on December 26, 2014, 1.3 billion won to E, and as a result, 1.3 grams from E, and 0.3 grams among them were dried free of charge to E.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold and received philophones, which are a local mental medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written protocol concerning the examination of the suspect against each part of the defendant by the prosecution (including the part concerning the statement of the E);

1. The report (a copy) made by each prosecutor to E;

1. Seizure records;

1. Investigative reports (Analysis of monetary statements), investigative reports (Attachment of a copy of a check), investigation reports (execution of a warrant of seizure and attachment of letters related to narcotics crimes received from G), investigation reports (the details of suspect interviews);

1. A written appraisal of each drug;

1. Details of mobile phone calls, details of account transactions, and copies of checks;

1. Previous Records: A criminal investigation report (the attachment of criminal records and judgments of the same kind as the suspect), a criminal investigation report (the confirmation date of the recent judgment of the same kind of crime), a inquiry report (each of the evidences and judgments of the court).

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