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(영문) 수원지방법원 안산지원 2020.04.24 2019고합365
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

Defendant is not a narcotics handler.

On February 1, 2019, around 18:13, the Defendant: (a) decided to purchase approximately 0.5g of the so-called “Sspas”, which is a synthetic hemp, including 5F-ADB ingredients, in the vicinity of the “C Park” located in the Dong-gu, Ansan-si; (b) purchased approximately 0.5g of psychotropic drugs JH-018; (c) issued 50,000 won in consideration of D; and (d) traded Spas by receiving 0.5g of Spas from D; and (e) traded Spas over 14 times from June 15, 2019 to June 16:06, 2019, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement made to D and E;

1. Report on the arrival of internal investigation (the specific circumstances of the suspect), subscriber personal information (A), sender personal information, details of sending signals, investigation report (including attached documents, such as the E and D indictment), investigation report (including attached copies, etc. of the judgment attached thereto), and application of Acts and subordinate statutes to report on investigation (the calculation of additional charges);

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. for the Establishment of Relevant Acts and the Selection of Imprisonment for a limited term concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [The basis for calculation of the amount of additional collection: 700,000 won (=the purchase price for a set of Swisss 50,000 won x 14 times)]

1. The scope of applicable sentences under law: Imprisonment for a period of two years and six months to twenty years and six months;

2. The recommended sentencing criteria; and

A. Violation of the Act on the Control of Narcotics, Etc. (Determination of Types 3) due to the sale and purchase of each spha spha spha spha spha spha spha spha spha spha spha

Measures to mitigate trees, etc. (special persons who have been punished): Purchase or receipt for medication, simple possession, etc. (the area of recommendation and the scope of recommendation), the area of mitigation of punishment, two years and six years to five years.

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