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(영문) 대전지방법원 서산지원 2016.12.23 2016고단600
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 10, 2015, the Defendant traded Handphones by selling KRW 0.35 g of psychotropic drugs to C at an inn of the inn of which the trade name in the Songpa-gu Seoul Metropolitan Government movement is unknown, around July 10, 2015, around July 10, 2015.

2. On January 19, 2016, the Defendant traded phiphones by selling 0.35 g of phiphones to the said C at around 20:00 on January 19, 2016 and selling 30,000 won of phiphones.

3. On August 24, 2016, on August 24, 2016, the Defendant purchased approximately 9.5g of philopon from G through the above name in the car-free box, and traded philopon, from August 24, 2016, the Defendant purchased KRW 9.5g of philopon from G to trade philopon.

4. On August 25, 2016, around 02:25, around August 25, 2016, the Defendant, holding phiphones, by inserting approximately 9.5g of philophones purchased, as described in paragraph (3), in plastic bags, purchased at H in Gwangjin-gu Seoul Special Metropolitan City, and storing them in a plastic bag, thereby holding philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Photographs, narcotics appraisal reports, suspects and C telephone conversations, investigation reports (additional collection charges, reporting on the market price investigation), investigation reports (attached to the third final and conclusive judgment), and investigation reports (attached to the third final and conclusive judgment) by cutting off CCTVs A in the Sung-Smi, which have sold the c

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection: The fact that the person committed the instant crime, although having been sentenced to the same punishment for the same kind of crime, has again been dealt with.

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