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(영문) 전주지방법원 2017.09.27 2017고단792
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

110,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On April 26, 2016, the Defendant received 1.140,000 won from G located in Busan F to D’s account (Korean bank E) in the name of the Defendant’s own use from C, as the price for the Metepop (hereinafter “Mepopopon”), which is a local mental medicine medicine, and sold a phipopon by sending from G located in Busan F to C with high-speed bus freight on April 27, 2016.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the prosecution against C;

1. Details of transactions on national banks;

1. Details of mobile phone calls;

1. Application of the investigation report (related to attachment of photographs of post office house delivery units sent by a suspect C arrested site and A to C), and the Acts and subordinate statutes;

1. Article 60 (1) 2, and Article 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. concerning the facts constituting an offense (the choice of imprisonment with prison labor);

1. Determination as to the Defendant and his/her defense counsel’s assertion under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. (1.40,000 won for sale of phiphone

1. The defendant did not sell philophones to C as stated in the facts constituting the crime of this case.

The C's statement that the Defendant purchased phiphones from the Defendant is not reliable by falsity.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by this court, C’s statement that the Defendant purchased phiphones from the Defendant is sufficiently reliable, and the facts charged that the Defendant sold phiphones to C as stated in the facts charged in the judgment are sufficiently convicted, and thus, the Defendant and the defense counsel’s assertion disputing this issue is rejected.

(1) C) The National Bank in the name of D around April 26, 2016, under investigation by an investigative agency after arresting a person suspected of administering phiphonephones.

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