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(영문) 수원지방법원 안산지원 2020.02.11 2019고합308
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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

No person shall handle the psychotropic drugs or other psychotropic drugs containing them under subparagraph 3 (a) of Article 2 of the Narcotics Control Act.

On January 31, 2019, the Defendant was designated as D(D, one’s name “E”) in the vicinity of the building A, or as psychotropic drugs under Article 2 subparag. 3(a) of the Act on the Control of Narcotics, Etc. as psychotropic drugs, 5F-AB 50-ADB, which is similar to the JH-018, psychotropic drugs JWH-018 attached Table 3 and 33 of the Enforcement Decree of the Act.

In order to purchase approximately 0.25g of synthetic marijuana containing ingredients (i.e., single spath (spath) and to deliver KRW 25,000 in return to D, and trade approximately 0.25g of spaths contained in white paper from D, from June 14, 2019, from that time, trade approximately 6.75g of spaths in the same way as indicated in the list of crimes, from June 14, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement made to D or F;

1. Application of Acts and subordinate statutes to report on the arrival of internal investigation (specific circumstances of a suspect), report on investigation (report on the examination of narcotics by a suspect), investigation report (report on the examination of narcotics by a suspect's hair);

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

1. Mitigation of discretionary mitigation under Articles 53 and 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 extenuating circumstances among the reasons for sentencing);

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for a period from two years and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types).

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