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(영문) 광주지방법원 2016.02.03 2015고단4471
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

1,732,800 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[criminal history] On July 1, 2011, the Defendant was sentenced to one year to imprisonment for a violation of the Narcotics Control Act (compacting to) at the Daejeon District Court, and completed the execution of the sentence on March 5, 2012.

[Criminal facts] The Defendant is not a narcotics handler

1. Provision of Metropists;

A. On December 2014, in the vicinity of the “Del” located in Gwangju Northern-gu, Gwangju, the Defendant provided Mesophical drugs 0.4g g of Mesophical drugs (one philopon; hereinafter “philopon”).

B. On December 2014, the Defendant provided approximately 0.03g of chophones to E in the vicinity of the Seo-gu, Seo-gu, Gwangju, with approximately 0.03g of chophones.

2. Sale of cryptop bags;

A. On January 2015, the Defendant: (a) laid down 300,000 won from H in the insane room in Gwangju Northern-gu, Gwangju; and (b) sold 0.5g philophones.

B. Around January 2015, the Defendant: (a) at a fluorial care room located in Gwangju Northern-gu, Gwangju; (b) 300,000 won from H; and (c) sold 0.5g philophones.

(c)

On April 2015, the Defendant: (a) at the 'Jel' Hamyang-si I located in Mayang-si, 50,000 won from E; and (b) sold approximately 0.3g g philopon.

(d)

On May 1, 2015, the Defendant: (a) around 11:00, around Seo-gu, Seo-gu, Gwangju, received KRW 400,00 from E, and sold approximately KRW 0.3g of Handphones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Copy of each police suspect interrogation protocol regarding E;

1. Investigative report, the market price of narcotics, etc.;

1. Previous convictions in the judgment: (A) as a result of inquiry, the personal identification and acceptance status [the defendant shall not be fully denied the criminal facts listed in subparagraph 2-A, (b) as to the criminal facts listed in the judgment, and the amount or volume of the remaining crimes are different from the facts

However, according to the witness H's legal statement and each statement at E's investigative agency, the defendant committed crimes such as criminal facts.

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