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(영문) 서울중앙지방법원 2016.11.24 2016고단4430
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

2,660,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court, and 2 years of suspended execution, and the said judgment became final and conclusive on February 6, 2016.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On May 2015, the Defendant: (a) received approximately 0.4gg of psychotropic drugs from D’s Mampacopon (i.e., one-day “copon”; hereinafter “copon”); and (b) continuously transferred KRW 100,000 in cash to the account designated by D, within D’s car parked near Jung-gu Seoul, Jung-gu.

Accordingly, the defendant purchased philophones.

2. On May 23, 2015, the Defendant, at a public parking lot located in Seongdong-gu Seoul Metropolitan Government, sent approximately three gramphonephones to F in accordance with D’s instructions, and on the same day on the same day, the Defendant continuously delivered DNA 6 grams to D, and received approximately 0.8 grams from D in return for the heart name.

Accordingly, the defendant accepted philophones.

3. On June 6, 2015, at H located in Yeongdeungpo-gu Seoul Metropolitan Government G, the Defendant received approximately 0.4 grams from D as his/her own share, and, according to D’s instructions, sent the non-opopopopopopopopopopopopopopopopopopopopopopopopopopic amount to J in the vicinity of the I market in Jung-gu Seoul Metropolitan Government.

Accordingly, the defendant accepted philophones.

4. On June 8, 2015, the Defendant: (a) at D’s house located in Ansan-si 101, and (b) 0.8g of philopon from D, and (c) paid KRW 200,000 in compensation therefor.

Accordingly, the defendant purchased philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, D, and J;

1. An interrogation protocol of the accused by the prosecution (including D and F statements);

1. A copy of the protocol of examination of prosecution by J; and

1. A copy of each prosecutor's statement made to D or F by the prosecution;

1. A copy of each police statement submitted to D;

1. Each statement of currency;

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