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(영문) 부산지방법원 동부지원 2018.02.08 2017고합287

마약류관리에관한법률위반(향정)등

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. Violation of the Narcotics Control Act;

A. At around 10:40 on March 23, 2017, the Defendant purchased 100,000 won from the Defendant’s vehicle D, which was parked at the entrance of the parking lot of the 1st floor of Busan Shipping Daegu Ctel in Busan, by using 2g of a synthetic hemp, containing non- CB-U.S. car (AB-CHAA) and JW-210 ingredients from D, which was similar chain of JW-018, a local mental medicine.

B. On March 23, 2017, around 13:00, the Defendant, at the Defendant’s house in Busan Shipping Daegu Etel 1803, put in a pipe that made it possible for the Defendant to inhale the smoke by inserting the shot shot shot shot (AB-CHINA) and JW-210 ingredients into pipes that contain AB-Cusa (AB-CHAA) and JW-210 ingredients, and inserting it.

(c)

At around 13:00 on March 24, 2017, the Defendant used B in the same manner as Section B above, and used B in the same manner as “AB-CHINAA” and “JW-210 ingredients.”

(d)

On April 21, 2017, around 14:50, the Defendant possessed a synthetic marijuana 0.06gg, in a manner that stores approximately 0.06g of a scar-Cusa (AB-CHINAAA) component in the Defendant’s car-related container box located in the first floor parking lot of Busan Shipping Daegu Etel, Busan, and the Defendant possessed it.

2. On April 17, 2017, at around 17:00, the Defendant, in violation of the Act on the Control of Narcotics, Etc., smoked marijuana in a pipe made by the Defendant’s house into the Aluminy Aluminum aluminium, and in a manner of inhaleing the smoke by inserting it therein.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or A;

1. Each investigation report and each internal investigation report;

1. Each protocol of seizure;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. The point of trade of synthetic marijuana and the point of trade of narcotics, etc. under Article 58 (1) 3, subparagraph 5 of Article 3 and subparagraph 3 (a) of Article 2 of the Act on the Selection of Narcotics, etc. concerning criminal facts;