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(영문) 부산지방법원 서부지원 2019.07.11 2019고합113

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

The Defendant, a worker of Vietnamese, who entered the Republic of Korea as a seafarer’s employment status, and illegally stays from June 9, 2017 to the expiration of the period of sojourn.

around March 4, 2019, the Defendant issued an order to sell narcotics to Vietnams in the neighboring area, as a hub in the mountain area, from the C building D of the Defendant’s residence located in Jinju-si, and transferred the price of KRW 200,000 to the H bank account (I) in the name of “G” designated by E. On March 6, 2019, the Defendant received the synthetic marijuana 3.4g (Evidence No. 1) sent by E from the instant residence.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded synthetic marijuana containing the psychotropic drugs JWH-018 and the AMB-FUINAA composition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Records of seizure and the list of seizure;

1. A narcotics appraisal statement;

1. Details of transfer from the H bank account under the name of the suspect;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

1. Relevant Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. for Crimes and the Selection of Punishment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):

1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Reduction elements of types 3 (narcotics drugs, perfume administration, item (a), etc.), such as the scope of recommendation [decision of types] according to the sentencing guidelines, the sales, good offices, etc. for narcotics crimes: Purchase or receipt for medication, simple possession, etc. (the area of recommendation and the scope of recommendation), the area of mitigation of punishment (the area of recommendation and the scope of recommendation), two years through five years.

3. The sentence of sentence is rendered in the following circumstances and the age, character and conduct, environment, and crime of the defendant: