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(영문) 의정부지방법원 고양지원 2018.02.13 2017고합109
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

810,000,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Records] On November 5, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on two years and six months, and the said judgment became final and conclusive on April 8, 2016.

[2] A person who is not a handler of narcotics, etc., may not receive Metepha clograms (one philophones, hereinafter “philophones”), which is a local mental medicine, and the defendant is not a handler of narcotics.

1. On October 27, 2013, the Defendant received approximately 100 gramphonephones from E from D stations located in Yongsan-gu Seoul, Yongsan-gu, Seoul around October 27, 2013.

2. On December 25, 2013, the Defendant received approximately 250 gramphones from the aforementioned E in the D Station around December 25, 2013.

3. On March 9, 2014, the Defendant received approximately 250 gramphones from the above E from around D around March 9, 2014.

4. On May 11, 2014, the Defendant received approximately KRW 250 g of phiphones from the foregoing E from around D Station on May 11, 2014.

5. On June 22, 2014, the Defendant received approximately KRW 250 g of phiphones from the foregoing E in the D Station around June 22, 2014.

6. On October 5, 2014, the Defendant received approximately 250 grams of phiphones from the foregoing E from around D Station on October 5, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Copy of each prosecutor's statement made to F and G by the prosecution;

1. A report on the calculation of an additional collection charge and a monthly trend of narcotics;

1. Determination as to the defendant and his/her defense counsel's assertion about criminal history

1. The summary of the argument is that the Defendant: (a) upon the H’s request to confirm whether a phiphone was properly available, the Defendant confirmed two to three occasions that I received phiphones from E and received phiphones; and (b) did not accept phiphones from E as described in the facts charged in this case.

2. In full view of the following facts acknowledged by the evidence duly adopted and examined by the court, the defendant in this case.

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