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(영문) 대구지방법원 2015.02.05 2014고단3962
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

4.70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

At around 16:00 on August 3, 2013, the Defendant received 4.70,000 won from E in the room of the Dotone room in Daegu-gu, Suwon-si, and sold approximately 0.8g of the psychotropic drugs to that person.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement made by the prosecution against E (the statement made by the E is not only accurately and in detail describing the consistent and detailed details and detailed circumstances after the examination of the police two times, but also supporting F's statement at the police, and the following telephone contents are also supported E's statement. Thus, credibility is recognized even if E is summoned as a witness without going through cross-examination)

1. A protocol concerning the police investigation of suspect with regard to F;

1. The defendant asserts that he did not sell philophones in the form of a criminal fact as indicated in the judgment of the court below (35 pages, 62 pages, 73-74 pages, 172-175 pages).

However, the circumstances acknowledged by each of the above evidence, namely, F and E, asked E to seek phiphones from E on August 3, 2013, after F and E asked E to seek phiphones from F at the restaurant located in Nam-gu, Daegu-dong, Daegu-gu, and sought from F on August 3, 2013, E are in the middle-gu, Daegu-gu, Daegu-gu, and calls with the Defendant at around 15:53 on the same day. E moves to and calls with the Defendant at around 16:29 on the same day, E calls from the motherel located in Daegu-gu, Daegu-gu, Daegu-gu, and E purchases phiphones from the Defendant at the investigation agency, and the Defendant also stated that E purchased phiphones from the motherel located in Suwon-gu, Daegu-gu, Daegu-gu, Daegu-gu, and that E was waiting to contact the police with him at the entrance of the police station after receiving 3 minutes of the contact.

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