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(영문) 부산지방법원 2019.11.29 2019고합481
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, the Defendant treated JWH-018 and its similar body (hereinafter referred to as “synthesis marijuana”) as follows:

1. Synthetic marijuana smoking;

A. On September 2, 2019, around September 19, 2019, the Defendant committed a crime: (a) around September 19, 2019, around September 19:00, the Defendant smokeed in the manner of smoking a smoke generated by inserting synthetic marijuana in tobacco in front of C in a macro-si B at a large period of time; and (b) attaching a fire.

B. Around September 22, 2019, the Defendant, around September 22, 2019, smoked the amount of synthetic marijuana in the vehicles of D’s Espact, which were parked in the above C’s neighborhood around September 22, 2019, in the same manner as the above paragraph (a).

C. Around September 19, 2019, the Defendant, around September 19, 2019, smoked the synthetic marijuana fel G from September 19, 2019.

2. Receipt of synthetic marijuana;

A. On September 2, 2019, the Defendant delivered and received approximately 0.1g of synthetic marijuana to D free of charge at the time and place specified in the foregoing paragraph 1-B.

B. On September 19, 2019, the Defendant, around 19:00 on September 19, 201, delivered and received approximately 0.44g of synthetic marijuana to D from the Fmomoto G from the Fmoto-si, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Copy of the statement made to H by the police;

1. Copies of each protocol of seizure and the list of seizure (number 22,25);

1. The photograph of seized articles (number 23,26);

1. Each statement on narcotics appraisal (number 10,28,31);

1. Application of investigation reports (in relation to the results of requests for appraisal of seized articles D), investigation reports (in addition to copies of investigation records of a crime D), investigation reports (in relation to the results of investigation of a suspect's lawsuit JWH-018) (in relation to the results of appraisal of seized articles D);

1. Article 59 (1) 5, subparagraph 5 of Article 3, subparagraph 3 (a) (the point of a synthetic marijuana smoking) of Article 2, Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) (the point of a synthetic marijuana delivery and receipt, and the choice of a limited term of imprisonment) of Article 2 of the Act on the Control of Narcotics, Etc. concerning criminal facts;

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