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(영문) 수원지방법원 2017.04.20 2016고단6474
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 7, 2016, the Defendant purchased approximately 0.5g 0.5g gramphones contained in one for a single-use d apartment on the roads of Ansan-si, Ansan-si, from neighboring E, in KRW 15-200,000.

Summary of Evidence

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution (two times, three times, and four times);

1. Copy of the protocol concerning interrogation of suspects E by the prosecution (two times);

1. A copy of the investigation report (Attachment of a copy of the suspect A judgment) and the text of judgment;

1. Investigation report (a copy of a written decision on non-prosecution of suspect A);

1. Investigation report (suspect F, A, and E communications data inquiry and analysis of F currency content);

1. Investigation report (the inquiry of suspect E and A-owned vehicles) and vehicle inquiry details;

1. Investigation report (related to suspect E, F mobile phone call details and the need for real-time tracking location), and telephone call details;

1. F letter;

1. Recording notes and reports, and record notes of unmanned meetings of suspects E;

1. A written report on the recording of an unmanned meeting CD (the content of recording an unmanned meeting) and a recording paper attached thereto;

1. Recording recording form and report (the contents of recording ofF unmanned meetings) and the application of Acts and subordinate statutes to record notes appended thereto;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Determination on the Defendant and defense counsel’s assertion under the proviso to Article 67 of the Act on the Management of Narcotics, Etc.

1. The Defendant asserts that there is no philopon purchase from E, and that E’s statement made at an investigative agency is highly likely to have been made by a false statement for public use in his/her own trial, in light of the fact that E received a second grade judgment of mental delay, and that there is no other evidence to prove the facts charged.

2. The judgment E, upon receipt of an investigation by the prosecution (two-time suspect interrogation protocol by the prosecution), purchased a phiphone from G on February 6, 2016 to February 7, 2016, and received money from A except the phiphones administered by oneself after purchasing a phiphone from G on February 6, 2016.

Clear.

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