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(영문) 부산지방법원 2018.01.12 2017고합515
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, at around October 8, 2016, received KRW 300,000 from C to the national bank account (D) in the name of the Defendant, upon the request of C to seek marijuana products. At around the night of the same day, around the night of the day, the Defendant received approximately 50,000 won of F in the vicinity of the Seongdong-gu E apartment in Changwon-si, Changwon-si, and then received approximately 2g of green dust containing the 5F-UR-144 (XR-11), AB-FUBINACA (hereinafter referred to as “herb drug”).

Then, at around 23:30 on the same day, at a main point where it is impossible to know the trade name in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, G met with G and asked C to transfer the above hub narcotics, and G dried up the above hub narcotics to C on October 9, 2016 at the vicinity of the I convenience store located in the north-gu, Seo-gu, Seo-gu, Seo-gu.

Accordingly, the Defendant sold hybrid drugs to C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against C, G, or F;

1. Statement made by the police against C;

1. A report on investigation (calculated additional collection charges);

1. A report on investigation (a copy of the judgment in Category C above).

1. Seizure records;

1. A. Application of Acts and subordinate statutes on the transaction details of a national bank account;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (selected to imprisonment with labor for a period of time);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Management of Narcotics, Etc. (300,000 won in the purchase price of a local mental medicine);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. Where the mitigated area (two to five years) of the mitigated area (two and a half years), such as taking part in an act or motive for an act of crime, such as the application of the sentencing guidelines [the scope of a recommended punishment] trading and arranging sales, etc.

3. Circumstances that are disadvantageous to a decision of sentence:

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