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(영문) 서울중앙지방법원 2016.08.18 2016고단21
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence No. 1 (Seoul Central District Public Prosecutor's Office No. 2015 No. 5436).

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to two years and two months to a violation of the Narcotics Control Act at the Busan District Court on February 14, 2013 and completed the execution of the sentence on July 5, 2014.

[2] The Defendant, “2016 Highest 21,” even though he is not a narcotics handler, dealt with the Mepta (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows.

1. On December 5, 2015, the Defendant: (a) agreed to receive KRW 1.6 million from F, in the vicinity of the latter part of the E School located in Songpa-gu Seoul Metropolitan Government D; (b) agreed to receive KRW 1.6 million from F; and (c) sold phiphones by putting about 10g of philophones contained in vinyl sylphones.

2. On December 18, 2015, the Defendant, located in Songpa-gu Seoul Metropolitan Government, and near H head office, carried a penphone with approximately 9.8g of philophones contained in plastic rophones to sell the said F to the said F, by inserting approximately 9.8g of philophones contained in plastic rophones.

Even though the Defendant is not a narcotics handler, around February 16, 2015, purchased approximately 20 grams from J in the “K Singinging Library” operated by J in Jung-gu Seoul, Jung-gu, Seoul, and purchased KRW 3,300,000 as the price.

Summary of Evidence

[2016 order 21]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect with respect to F;

1. Each protocol of seizure;

1. Each letter of appraisal of narcotics (2016 Height 1806);

1. A protocol concerning the interrogation of the accused by the prosecution (part concerning the J's statement);

1. Statement made to the prosecutor by the J;

1. An investigation report (as a result of the analysis of the suspect's statement of telephone calls, the confirmation of the subscriber to J-used mobile phone L, attachment of the statement of telephone conversations between the suspect and the J, and attachment of the statement of accounts in the Saemaul Undong Treasury account account by the J);

1. Application of Acts and subordinate statutes to inquiries about criminal and investigation experience, reports on investigation (the confirmation date of release), personal identification/ confinement status;

1. Article 60 (1) 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense and Article 60 (1) 2 of the same Act;

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