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(영문) 서울중앙지방법원 2017.09.07 2017고합714

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

Despite the fact that the Defendant is not a handler of narcotics, the Defendant treated the Gab B-Postvia (one name “H, synthetic marijuana,” hereinafter “synthesis”) as follows, which is a local mental medicine (JWH-018) and similar AB-Postvia (one name “herb, synthetic marijuana,” and hereinafter “synthesis marijuana”).

1. On January 2015, the Defendant received synthetic marijuana from a “E” club located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and received synthetic marijuana franchising from a Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-in Chinese-do, while keeping the Defendant’s residence in Seocho-gu

Accordingly, the defendant accepted synthetic marijuana.

2. Around July 2016 or around August 8, 2016, the Defendant: (a) received from the above “E” club expenses for tobacco containing a synthetic marijuana from its name in large numbers; and (b) smoked as smoking tobacco by attaching the cigarette to a rackter.

Accordingly, the Defendant administered synthetic marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police officer in relation to G;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation reports (market report and calculation of collection amount);

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc. (the occupation of giving and receiving a local mental medicine and imprisonment with prison labor) concerning criminal facts, Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) (the occupation of using a local mental medicine) of Article 2 of the Act on the Control of Narcotics, Etc.;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment as provided for in the Act on the Control of Narcotics, etc. Caused by Water and Drug Corresponding of heavy punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act (the following sentencing grounds have been repeated.