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(영문) 서울중앙지방법원 2012.06.26 2011고단7678
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

3,658,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 7, 2010, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on July 7, 2010, and was not a person handling narcotics in addition to the completion of the execution of the above sentence in the Seoul Detention Center on October 25, 2010.

1. At around 23:00 on September 15, 201, the Defendant is called “mopon” from E psychotropic drugs from the vicinity of the Gangnam-gu Seoul Metropolitan D Hotel.

approximately 10g was purchased to 3.5 million won.

2. At around 17:00 on November 17, 201, the Defendant received approximately 0.2 g of philopon from E in the vicinity of the Central Market of New-dong, Jung-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. The first and second prosecutor's protocol of examination of the accused (including the E substitute part);

1. E prosecutorial statement;

1. Report on analysis of telephone details and investigation report (calculated of an additional collection charge);

1. Previous convictions in the judgment: Resident inquiry and criminal records, investigation reports (the confirmation of the fact of being released and related judgments attached thereto), and judgment on the defendant and his defense counsel's arguments

1. The Defendant’s assertion that the Defendant and the defense counsel purchased a penphone at the same date, time, and place as indicated in paragraph (1) of the facts charged of this case, but the quantity and the purchase amount were only 500,000 won of the penphone, contrary to the stated in the facts charged of this case.

2. The following facts are acknowledged by the evidence listed above, i.e., ① E, at the prosecutor’s office on December 8, 201 as a witness, made a concrete statement concerning the reason, quantity (10g), sale amount (3.5 million won), time, place, etc. concerning the sale of phiphones as stated in paragraph (1) of the facts charged in the instant case, as well as the Defendant’s continuous statement to the same effect at the time of the first interrogation of the suspect against the Defendant immediately after the emergency arrest, and ② the Defendant continuously made a statement to the same effect at the time of the first interrogation of the suspect.

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