마약류관리에관한법률위반(향정)
1. Defendant A shall be punished by imprisonment for two years.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
On June 13, 2019, the defendant was sentenced to the suspension of the execution of two months for the violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on June 21, 2019, and the judgment became final and conclusive on June 21, 2019.
【Criminal Facts】
Notwithstanding that the Defendant is not a narcotics handler, the Defendant:
A. On March 28, 2019, at the D’s shop located in Kimhae-si, Kim Jong-si, purchase in cash at KRW 500,000,000 JWH-018 and its similar body (tentatively referred to as “synthetic marijuana” or “herb narcotics”; hereinafter referred to as “synthetic marijuana”) 2 (4g);
B. At around 22:00 on the same day, synthetic marijuana purchased in the special room of the above D5 level was smoked 15 times from that time through the same method as indicated in the list of offenses (1) in the attached Form No. 1 in the same manner, from that time, in a way that smokes in a way that smokes by wrapping with a fire at a gambling place.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of seizure and list of seizure (No. 7 No.);
1. Each investigation report (suspect A's hair, the result of the examination of the suspect's hair, the hearing of A's phone statements, and the confirmation of A's funeral schedule);
1. The report on the request for appraisal (number 20), which is 10,000;
1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), previous records of disposition, results of confirmation (A), and application of Acts and subordinate statutes of one written judgment (Defendant A);
1. Article 58 (1) 3, Article 3 subparagraph 5, subparagraph 3 (a) (a) of Article 2 of the Act on the Control of Narcotics, etc., and Article 58 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) (use of synthetic marijuana) of Article 2 of the Act on the Control of Narcotics, etc., concerning a crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act mitigated due to the treatment of concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Criminal Act;