(영문) 서울중앙지방법원 2013.10.24 2013고단11

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(영문) 서울중앙지방법원 2013.10.24 2013고단11

마약류관리에관한법률위반(향정)

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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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant sold approximately 0.5g of the Mesophical drugs to H on the front of the office of the G Defendant in Gangnam-gu Seoul Metropolitan Government, a Mesophically named “Handphone” (hereinafter referred to as “Handphone”) at the 500,000 won, from October 201 to November 201, 201.

Summary of Evidence

1. Legal statement of the witness H;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. A protocol concerning the examination of suspect with regard to I;

1. The prosecutor's statement concerning H;

1. Statement of the police statement to J;

1. A report on investigation;

1. The Defendant, on the grounds of conviction of a narcotics appraisal statement, denies that there was no fact that he purchased or sold phiphones to H.

There is a statement that H directly purchased phiphones from the Defendant at the time and place specified in the facts charged, as direct evidence for the instant case.

We examine whether such H statements are reliable or not.

According to the evidence duly examined, the following facts are recognized:

① H consistently states that since the Defendant was arrested by the police due to the fact that he purchased phiphones from the Defendant, he/she consistently purchased phiphones from the Defendant from the investigative agency to this court, and was convicted of such criminal facts by the court.

② The Defendant, who was unaware of the fact that H made a statement by the Defendant that H had purchased phiphones from the Defendant at an investigative agency, was urged as soon as possible that H would have been arrested, and that H would have been arrested.

③ H revealed the administration of philophones due to the number of I’s self-scopon administered together with phiphones, and arrested in the police, and purchased phiphones from the same birth to J, which is the reduction of phiscopons, and expressed to investigators as phiscopon suppliers as phiscopon suppliers and stated that it is too urgent for them.

4. The J is arrested of the defendant due to H's own statement.

유사 판례

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