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(영문) 부산지방법원 동부지원 2019.01.29 2018고합188
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four years.

Seized synthetic hemp 1.05g (Evidence 1), synthetic hemp 1.08g (Evidence 2), and

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 18:20 on October 12, 2018, JWH-018 and the defendant receiving similar objects proposed a large volume transaction of D'B's ‘b' referred to as ‘B' from the stairs of the C-UB emergency building in Busan Shipping Daegu (U.S.) building, and delivered IMB-FUBINA (AM-FUBA) and NADB-BINA (ADA) free of charge, under the pretext of sampling, approximately 2g of psychotropic drugs.

2. On October 29, 2018, around 15:40 on October 29, 2018, the Defendant, for the purpose of selling and buying JH-018 and its similar body, divided into six vinyls for the purpose of selling and buying MWH-018, psychotropic drugs, and EMB-FUBINACA (AMB-UBACA) and Edibibibi-Puba (ADB-FUBINACA) and approximately 312.84g (including PP) at the Defendant’s house located in Busan-gu Busan-gu, Busan-do, Busan-do, and held approximately 15:50 on the same day, and held approximately 36.7 DBABA-64g (including DBA-67) in bulk for the purpose of selling and selling psychotropic drugs in the Defendant’s office, which correspond to psychotropic drugs, and held them in the MWH-018 and its similar body.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D and H;

1. Records of seizure by prosecution;

1. Each prosecutor's report on investigation (the No. 2, 7, 11, 14, 18, 19, 20, 21, 26 of the evidence list);

1. Application of Acts and subordinate statutes to the details of account transactions, such as each request for appraisal, arrest report by a synthetic marijuana holder;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc. elective for Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (referring to the crimes of violation of the Act on the Aggravated Punishment, etc. of Narcotics, which are committed due to the heavy trade purpose and possession of JH-018 similar objects heavier than

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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