(영문) 부산지방법원 2018.1.8.선고 2017고단4650 판결

However, the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive. It shall order the defendant to be put on probation.

The evidence No. 8 through 22 shall be forfeited from the defendant.

Reasons

Criminal facts

[2017 Highest 5449]

No person shall take in or inhale hallucinogenic substances, or sell or provide them to any person who intends to take in or inhale hallucinogenic substances, with the knowledge of such fact.

1. Violation of the Chemicals Control Act;

Around August 1, 2017, the Defendant knowingly received KRW 70,00 from Kwikset service delivery to C with the knowledge that C intended to inhale a nitrogen of a hallucinogenic substance, and sold from that time 29 times a total of 3,300 Axic oxide caps, as shown in the list of crimes, from September 22, 2017. Accordingly, the Defendant knowingly sold 3,300 hallucinogenic acid caps to a person who intends to take in or inhale a hallucinogenic substance, with the knowledge of the fact.

2. Violation of the Chemicals Control Act;

On August 8, 2017, at E’s house located in Gangnam-gu Seoul Metropolitan Government D 303, the Defendant injected a small scinant scinic scinic scinic scinant to a wind line using a small scinic scinic scinic scinant.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of suspect about C, E, and F:

1. Records of seizure and the list of seizure;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (2) (the point of sale of hallucinogenic substances), Article 59 subparagraph 6 of the Chemicals Control Act, Article 22 (1) of the Chemicals Control Act (the point of inhaleing hallucinogenic substances), and selection of imprisonment with labor, respectively.

2. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Suspension of execution;

Article 62(1) of the Criminal Act

4. Probation;

Article 62-2 of the Criminal Act

5. Confiscation;

1. The scope of recommended sentences according to the sentencing guidelines under Article 48 (1) 1 of the Criminal Act;

1 Crimes

[Scope of Recommendation] No basic area (6-1 year and 4 months) (special person) of No. 1 type (Hic substances, finites, d., etc.), such as brokerage of trade, etc.

Second Crimes

[Scope of Recommendation] Medication, Simple Possession, etc.

【Special Convicted Person】

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 10 months;

2. The fact that hallucinogenic substances are sold to other persons for the purpose of obtaining profits from the determination of sentence and encourage the inhalement of hallucinogenic substances, and that the circumstances after the crime have been committed, such as denying the crime in the course of the investigation, consistent reasoning, etc., are inferior to the circumstances after the crime, etc.: Provided, That the execution of imprisonment is suspended in consideration of the fact that no criminal records exist, and if the crime is committed in this court when it comes to the crime, it is against the time to commit the crime, and probation is ordered in light of the period of sale, quantity of sale

In addition to the above circumstances, the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions in the course of pleading shall be determined as ordered.