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(영문) 서울북부지방법원 2013.07.04 2013고단376
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 22:30 on September 3, 2011, the Defendant requested E to seek psychotropic drugs-related psychotropic drugs-related Mespones (one philopon; hereinafter referred to as “philopon”) from the office of the building E in Seongbuk-gu, Seongbuk-si, Sungnam-si, and sold the Mespopon by inserting the amount equivalent to 0.5g of the Melopon in the instant building, and then, the Defendant purchased and sold the Melopon by taking it out and inserting 80,000 won of the Melopon on the spot.

2. At around 20:00 on September 26, 201, the Defendant: (a) asked E to request writingphones from the front of the said D on the road; (b) provided KRW 1.1 million for writingphones; (c) received money from the said E to F, who had the said money, equivalent to KRW 1g for writingphones; and (d) the Defendant purchased the said writingphones from E to the Defendant, who purchased the said phones.

3. On October 20, 201, at around 23:30 on October 20, 201, the Defendant: (a) asked the E to ask for the opon of the opon on the front of the shooting distance of H Hospital G G in Gangnam-gu, Seoul; (b) received 800,000 won of the opon from the opon from the F with the said money to the F who was in the vicinity thereof; and (c) the Defendant purchased the opon from E with the opon of the opon and purchased the opon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement F in the suspect examination protocol of the second prosecutor's office against the accused;

1. The third written statement of E by the prosecution;

1. Investigation reports (Attachment to the A, F, and E call details) and the application of Acts and subordinate statutes on telephone details;

1. Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201) concerning criminal facts

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for calculating additional collection under the proviso to Article 67 of the Act on the Control of Narcotics: The defendant;

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