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(영문) 수원지방법원 평택지원 2013.03.27 2013고합6

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 6 shall be confiscated.

The defendant 25,293.

Reasons

Punishment of the crime

The Defendant was discharged from military service on June 22, 2012 while serving as USFK and was not a person handling narcotics.

1. On December 28, 2012, the Defendant possessed psychotropic drugs (AM2201) by keeping 602g of AM201 (JW-018 similar body), a psychotropic drug for the purpose of sale, within the Defendant’s residential safe located on the first floor of Pyeongtaek-si building C, in a manner of keeping 602g of psychotropic drugs for the purpose of sale.

2. On December 12, 2012, the Defendant, who manufactured psychotropic drugs (AM201), prepared to manufacture AM201 (JWH-018 similar objects), psychotropic drugs, such as purchasing “WH-018” through “D, an Internet shopping site, for the purpose of manufacturing AM201 (pseudo objects of JWH-018), at the Defendant’s residence on the first floor of Pyeongtaek-si Building C, and ordering “JWH-018,” which is necessary for manufacture.

3. On September 15, 2012, the Defendant sold psychotropic drugs (AM2201) 2gg of AM201 (JWH-018) psychotropic drugs by receiving US$100 from “G” at the accommodation in Pyeongtaek-si E, and selling 2g of psychotropic drugs (JWH-018).

On July 11, 2012, from around December 27, 2012 to around December 27, 2012, the Defendant received and sold approximately 865.5g of psychotropic drugs (Korean approximately KRW 25,293,050), in total, 138 times, from 14 persons in the same manner as indicated in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 Control of Narcotics, Etc. (which means the possession of psychotropic drugs, the occupation of trade for a limited term, the selection of a limited term of imprisonment), and Article 58 (4) and (1) of the Act on the Control of Narcotics, Etc. (which

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply mutatis mutandis to the punishment for concurrent crimes and the most severe penalty;