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(영문) 인천지방법원 2019.10.18 2019고합570
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

The defendant is not a person handling narcotics.

1. At around 23:00 on May 5, 2019, the Defendant: (a) purchased and sold SP-018 (one-time “SPS”; hereinafter “SPS”) with approximately 0.5g of approximately 50,000 psychotropic drugs with white paper in front of the C public parking lot located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; and (b) purchased and sold SPS with white paper.

2. At around 23:00 on May 5, 2019, the Defendant, at around 23:0, studio F in Yeonsu-gu Incheon Metropolitan City, put part of the tobacco in the studio F, put in the studio stude in the stude, and used a stude in such a way as to smoke by attaching a smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Each police statement concerning G;

1. Each protocol and list of seizure;

1. An explanatory note;

1. Application of Acts and subordinate statutes to each investigation report (the details of the emergency seizure of the sect and the calculation of additional collection charges);

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc., and Article 59 (1) 5 and subparagraph 5 of Article 3 and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc., concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc., which are prescribed by the Act on the Control of Narcotics, etc., due to a trade of heavy sects];

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 (The following consideration shall be made again for the reason of sentencing);

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. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the crime of violation of the Act on the Control of Narcotics, etc., by Spha Trading) (the decision on the type of punishment).

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