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(영문) 대전지방법원 2016.09.01 2016고합228

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 2015, the Defendant purchased and sold psychotropic drugs from “E” awater, whose name cannot be identified in a “D” club located in Seo-gu Daejeon, Seo-gu, Daejeon, for sale and purchase of psychotropic drugs by purchasing KRW 40,000 from “AB-CHAACA; hereinafter “AB-SAAAA”) psychotropic drugs.

2. Using AB-CHMINACA;

A. The Defendant, at the same time and time as the above “D” in the above “D” club male toilets, e.g., put in the empty space part of the end of tobacco, which deducted the tobacco dust from the e.g., e., e., e., e., e., e., e., e., e., e., c

B. On June 2015, the Defendant smoked from “G” singing toilets located in Seo-gu Daejeon, Seo-gu, Daejeon, in the same manner as “A” and used A-Smia in the same way as “A”.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to reply to the results of suspect solicitation;

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2, subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment, and Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. (the use of psychotropic drugs);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. due to the trade of the heavy psychotropic drugs];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 67 of the Narcotics Control Act;