마약류관리에관한법률위반(향정)
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.
Punishment of the crime
Defendant is not a narcotics handler.
1. On December 2015, the Defendant, at “D Singing practice place” located in Gangnam-gu Seoul Metropolitan Government, 5F-UR-144 (one name “XL-11”; hereinafter “EXE-11”) designated as a similar body of JW-018, a native mental medicine, and smoked in a way of smoking tobacco by putting approximately two to three smokes into tobacco.
2. On January 1, 2016, the Defendant 17:00, around 17:00, at the time of the Government of the Republic of Korea, told “F” restaurant located in E, EXE L-11 to emblize the tobacco, and smoked the tobacco in a way that smokes by putting the cigarette in a rash with a rash.
3. On February 26, 2016, around 23:14, the Defendant paid KRW 440,00 to J, in front of the “I” coffee, and purchased approximately KRW 440,00,00 to Kwikset through Kwikset service.
4. On February 29, 2016, around 22:48, the Defendant paid 220,000 won to the above J and purchased EXE-11ml through Kwikset services.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the protocol (3, 4 times) concerning the examination of suspect in the police against J;
1. Police seizure records;
1. A criminal investigation report (calculated of a surcharge), an investigation report (the details of delivery of Kwikset Services and appending contents of conversations to Kwikset);
1. Response to a request for appraisal;
1. Application of statutes (Seoul Central District Court Decision 2016 Gohap 280)
1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 59 (1) 5, 3 subparag. 5, and 2 subparag. 3 (a) of the Act on the Management of Narcotics, etc. (the use of X-EL-11), Articles 58 (1) 3, 3 subparag. 5, and 2 subparag. 3 (a) (the use of X-EL) of the Act on the Management of Narcotics, etc., and Articles 58 (1) 3, 3 subparag. 5, and 2 subparag. 3 (a) (the use of X-EL-11, and
1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as prescribed by the Act on the Control of Narcotics, Etc. on February 26, 2016, with the largest penalty];
1. Articles 53 and 55 of the Criminal Act for mitigation of amount;