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(영문) 울산지방법원 2014.09.26 2014고합182
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 of the final judgment.

Reasons

Punishment of the crime

No person shall receive, possess, own, trade, etc. psychotropic substances or other psychotropic substances containing them which might be misused or abused and which do not have been used for medical treatment, any misuse or abuse of which may lead to severe physical or psychological dependence due to lack of safety.

1. On January 9, 2014, the Defendant purchased and traded approximately KRW 300,000,000,000,000,000,000 from the D Substitute Driving Office located near Daegu-gu, Seogu, Daegu-gu, and in the D Substitute Driving Office, approximately KRW 300,00,000,00 for psychotropic drugs (hereinafter “Sphice”).

2. On February 21, 2014, the Defendant purchased and sold approximately 400,000 grams from the foregoing D on the roads near the department stores located in the Daegu Suwon-gu Waterdong.

3. On March 18, 2014, the Defendant purchased and sold approximately KRW 400,000,000 from the said D on a reconcted vehicle parked near the Seogu Seo-gu, Daegu-gu, Daegu-gu, and purchased approximately 400,00,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning D;

1. Written statements of D;

1. Investigation reports (related to the date and time of crime), investigation reports (verification of items of narcotics);

1. Each protocol of seizure;

1. The application of Acts and subordinate statutes to each request for appraisal;

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., concerning facts constituting an offense by which the relevant Article of the Act and the choice of punishment are applicable;

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;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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. The scope of punishment by law: Imprisonment for not less than two years and six months;

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