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(영문) 부산지방법원 2020.08.14 2020고합284
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2019, at least 23:30, the Defendant purchased approximately KRW 1 g of JWH-018, psychotropic drugs contained in a small vinyl package from D, and synthetic marijuana (hereinafter referred to as “herb”; hereinafter referred to as “herb”) from around 14 times in total from around August 16, 2019 to December 28, 2019, from around 14 times in total, the Defendant purchased approximately 26ggs of hub (herb synthetic marijuana) from August 16, 2019 to December 28, 2019.

2. From August 16, 2019 to December 30, 2019, the Defendant, at the Defendant’s house located in the Busan Young-gu E apartment F, removed the coloned tobacco coloned in the general tobacco at the Defendant’s house, and used b3.57 g in the same way as indicated in the attached Table 2 of the Crimes List 2, including the use of hyb (sysysysysysys) by inserting 1g of hysys (sysysysysysysysysysysyssysysysysysysysysyssysysyssysyssysyssys and smokings after inserting them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect examination protocol against G or D (Evidence Nos. 1, 2, 3, 10, 13);

1. A copy of the appraisal report on narcotics attached to 1;

1. Application of Acts and subordinate statutes to a copy of the investigation report (related to the digital siren analysis of suspect G mobile phones), copy of the investigation report [the result of execution of the financial warrant 2020-1859 (suspectD)], copy of the investigation report (the result of digital siren analysis of suspectD mobile phones), copy of the investigation report (the result of execution of the suspect A's communication permission (20-5939)];

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) (Article 58 (1) of the Act on the Control of Narcotics, Etc. and Selection of Limited-term Punishment) concerning facts constituting an offense, Articles 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) (Article 2 subparagraph 3 (a)) of the Act on the Control of Narcotics, Etc.;

1. Concurrent Crimes.

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