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(영문) 수원지방법원 안산지원 2019.07.09 2019고합62
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of two years and ten months.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

No person shall trade psychotropic drugs or other psychotropic drugs containing them under subparagraph 3 (a) of Article 2 of the Narcotics Control Act.

Nevertheless, the Defendant traded the psychotropic drugs defined in Article 2 subparag. 3 (a) of the Narcotics Control Act (JWH-018) (hereinafter referred to as “Sph”) which are similar objects under attached Table 3, Category 33.5 E-F (F)-NB (ADB) of the Enforcement Decree of the same Act.

1. On February 9, 2019, around February 2019, the Defendant: (a) sold spices in the street around the play area located in Ansan-gu, a member of Ansan-si around February 9, 2019 through February 10, 2019; (b) sold 0.5g of spice packed as paper to C; and (c) sold spices in the way of receiving KRW 50,000 in cash from C.

2. On February 11, 2019, at around 20:30 on February 11, 2019, the Defendant sold S-wave 0.5g of s-frequency 0.5g, which was packaged as a paper from the street in front of the unit D in Ansan-si, Ansan-si, to E (tentative name, E), and by receiving KRW 50,000 in cash from E.

3. On February 13, 2019, the Defendant sold SPS sales in the street near the play area located in Ansan-si Group B around the night on February 13, 2019. Around the night, he sold SPS approximately 0.5g of spha spha spha fa fa fa fa fa fa fa fa fa fa fa fa fa fa fa fa fa fa fab

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol against F and C;

1. Statement of the police statement of E;

1. One copy of each protocol of seizure, each list of seized articles, photographs of seized articles, and photographs of seized articles;

1. A written request for appraisal, a report on narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of suspect A and C currency details);

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Article of the Act on the Control of Narcotics, etc. for Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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