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(영문) 대전지방법원 2020.09.10 2019고합444

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year 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

As long as it is found that a prosecutor is guilty of facts constituting a crime publicly added, it is not judged separately on the facts of violation of the Act on the Control of Narcotics, etc. (fence).

The Defendant treated narcotics as follows, even though he is not a narcotics handler:

1. From September 2017 to October 10, 2017, the Defendant: (a) knew of the structural similarity of JWH-018, which is a psychotropic drug in the form of JW-018, and attempted to purchase approximately KRW 2.50,00,00 in return for the delivery of approximately 50,00,00 in return, from a person who was unable to know his/her name at around 19:0 to 21:00, in the Seo-gu Daejeon-gu Daejeon Special Metropolitan City, Seo-gu, and the first floor, to whom the name cannot be known; (b) he/she attempted to purchase approximately KRW 2.50,00 in return for the issuance of the psychotropic drug, which is a psychotropic drug in the form of JW-018, which is a psychotropic drug.

2. Between early 01:00 to 02:00 on August 2019, the Defendant attempted to possess approximately 0.28g of “BB” in the Defendant’s female-friendly E’s residence, Seo-gu, Daejeon, Seo-gu, Daejeon, with the knowledge of “BB” as marijuana, but the said “BB” was an attempted wind, not marijuana.

3. The Defendant, at the time and place indicated in the above paragraph 2, tried to deduct the leaves of the ordinary tobacco from the ordinary tobacco, put them into marijuana with the “hyb” of a quantity that is not known in the space, and then deliver it to the above E without compensation. The Defendant, having deducted the leaves of the ordinary tobacco and known the space to marijuana and used the “hyb” in a quantity that is not known in that space, intended to smoke and smoke by attaching it with a fire. However, the above “hyb” was attempted to have the wind, not marijuana.

4. The Defendant, at around 23:00 to 00:00 on the date on which approximately 2:3 days elapsed from the date indicated in the above paragraph (3), knew of the “humb” in the same place along with the above E as marijuana and sought to smoke and use “humb” in a way that smokes by attaching a fire. However, the above “humb” was an attempted wind, not marijuana.

5. The Defendant’s day following the date indicated in the above paragraph 4 above 01:00 to 02:00 general tobacco at the same place.