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(영문) 서울중앙지방법원 2013.05.30 2012고단6647
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

2,50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. Notwithstanding that the Defendant is not a person handling narcotics, on January 1, 201, the Defendant traded approximately 0.7g of psychotropic drugs to E in the front of Diplomatic Conference located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, for approximately 600,000 won.

2. On February 201, 201, the Defendant purchased and sold approximately 0.7g of philopon to E in and near GJ located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, for a period of 700,000 won.

3. At around 17:00 on March 25, 201, the Defendant sold and purchased approximately 0.35g of philopon to E in the vicinity of the I Station located in H in Seoul Special Metropolitan City, Nowon-gu, for about 400,000 won.

4. On September 18, 201, around 21:00, the Defendant purchased and sold 80,000 won from E in the vicinity of the Gangnam-gu Seoul Northern District court, and on September 19, 201, around 01:30 on the following day, the Defendant purchased and sold opphones from E in the manner of drying approximately 0.7g of opphones to E in front of the L Bank located in the Gangnam-gu Seoul Northern District.

Summary of Evidence

1. Legal statement of E;

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. Each investigation report (report on the analysis of the details of currencies and accompanying the details of currencies);

1. The Defendant, on the grounds of conviction for requesting appraisal, denies the instant crime.

There is a statement of E that the Defendant purchased phiphones from the Defendant at the time and place of the crime stated in the indictment from the Defendant as direct evidence of this case.

We examine whether the above statement of E is reliable or not.

According to the records of this case, the date and time of the crime stated in the indictment, the mobile phone calls between the defendant and E, or the base station are all the same.

E was sentenced to imprisonment with prison labor for ten months for a crime that is included in the facts charged of this case.

Although the defendant asserts that he does not deal with philophones at all, the defendant's Malophone training reaction was made as a result of the defendant's Malophone evaluation.

In relation to the instant case, the prosecution made a decision of non-guilty suspicion against the Defendant who filed a complaint against E, but the Defendant made such decision.

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