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(영문) 울산지방법원 2014.09.05 2014고합183

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

No person shall receive, possess, own, trade, etc. psychotropic substances or other psychotropic substances containing them which might be misused or abused and are not used for medical treatment, and cause severe physical or mental dependence when misused or abused them due to lack of safety.

1. On January 30, 2014, the Defendant purchased and purchased approximately 500,000,000 won of the psychotropic drug preparations-018 (hereinafter “spams”) from the said E on the D E-coo vehicle parked near Daegu Suwon-gu, Daegu-gu, and purchased and sold them.

2. On March 18, 2014, the Defendant purchased and sold approximately 400,000 won of spice 1g from the said E from the vehicle, which was parked near the Daegu-gu F, Seo-gu around 22:30,01.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects by the prosecution concerning E;

1. Seizure records;

1. Investigation reports (related to date and time of crime - A), telephone details, each request for appraisal, and the application of Acts and subordinate statutes to each appraisal report;

1. Article 58 (1) 3, Article 5-2 (5), subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 (Article 58 (1) of the Act on the Control of Narcotics, Etc. (amended by Act No. 12495, Mar. 18, 2014); Article 58 (1) 3, Article 5-2 (5) and subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 12495, Mar. 18, 2014); Article 58 (1) 3, Article 5-2 (5) and subparagraph 5 of Article 3, and subparagraph 3 (a) of

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (referring to a concurrent crimes with punishment prescribed in paragraph (2) of the same Article with heavier judgment];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso of Article 67 of the Act on the Control of Narcotics, etc. = Paragraph (1).