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(영문) 수원지방법원 안산지원 2020.04.24 2019고합356
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.

1. Around February 2, 2019, the Defendant: (a) purchased approximately 0.5g of a single-name “spam”, which is a synthetic marijuana, containing 5F-ADB ingredients, in the vicinity of the “C Elementary School” located in Ansan-si, Ansan-si; (b) purchased approximately 0.5g of a single-name “spams”, which is a synthetic marijuana, containing 5F-ADB ingredients, from around 17, 2019; and (c) purchased and sold spams over 15 times, as shown in attached Table 1, from June 17, 2019 to June 17, 2019.

2. Violation of the Act on the Control of Narcotics, etc. (fence) - The Defendant administered spams over 15 times by inserting the spams purchased, as described in paragraph (1), in and around February 2, 2019, in the vicinity of the members of Ansan-si, the Defendant administered the spams by inserting them into tobacco in the vicinity of the members E of Ansan-si, Asan-si, and by not later than June 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation reports (including the details of the suspect's appearance), investigation reports (including the parts attached to the statement of witness), investigation reports (including the copy of the statement of witness, etc. of D or F), investigation reports (additional collection charges), investigation reports (a copy of the records of D separate records, which is a sales agent);

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. for Criminal Facts and the Selection of Punishment for Specific Crimes, Article 59 (1) 5, Article 3 subparagraph 5 of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. (the occupation of using a radio frequency);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the penalty and concurrent crimes committed in violation of the Act on the Control of Narcotics, etc., due to the Swiss Trading on June 17, 2019 from among concurrent crimes]

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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