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(영문) 서울고등법원 2019.08.30 2019노1058
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

Of the articles listed in the attached list 1 attached hereto, No. 1-3.

Reasons

1. Summary of grounds for appeal;

A. As to the importation of the instant psychotropic drugs (lsD and MMA) related to the purpose of profit-making, Defendant 1’s mistake or violation of laws and regulations is inconsistent with the Defendant’s importation of ls and MMA as stated in this part of the facts charged. However, around June 11, 2018 and around June 25, 2018, the Defendant purchased ls and MMA only for the purpose of medication and did not intend for profit-making.

On December 1, 2015, the Defendant suffered economic difficulties, such as causing damage to KRW 10 million, while committing the crime of Bosing, and most of the profits accrued therefrom were disbursed on July 1, 2018 when the Defendant was involved in the repayment of debt and payment of child support, etc. due to the said fraud. On the other hand, the Defendant was faced with traffic accidents on July 1, 2018, and there was no place to receive support from the surrounding areas, which led to sudden economic difficulties during the period exceeding one month after the traffic accident.

Accordingly, in order to maintain the minimum standard of living, the Defendant was able to sell lsD and MMA, which was imported to be administered by himself, and the Defendant was able to sell and sell the lsD and MMA, and then use the Dac Web (Dakweb and the Internet, but to access the Dac Web in order to use the Dac Web, which is called a voice web site that requires the use of a special Brer in order to access the Internet, and such a site is not able to confirm its connection or server in the same way as the general Internet site.).

Therefore, even though Article 58 (2) of the Narcotics Control Act is not Article 58 (2) of the same Act, but Article 58 (1) of the same Act shall apply, the court below held the defendant as for profit-making purposes and applied Article 58 (2) of the same Act. Thus,

B) The Defendant related to the calculation of an additional collection charge refers to the criminal facts (which is stated in the lower judgment).

hereinafter the same shall apply.

As described in paragraph (3), approximately 3g of marijuana.

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