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(영문) 창원지방법원 2017.05.11 2016고합284
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

20,000 won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

No person shall receive or deliver any mental medicine.

Nevertheless, at around 16:00 to 17:00 on July 2016, the Defendant issued and received the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral flussium (JWH-018 similar chain AB-CHACA and JWW-201 (hereinafter “bluoral fluoral fluoral fluoral fluoral fluoral fluoral fluss

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Protocols of examination of witnesses regarding E;

1. Statement made by each prosecutor to E;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additional collection charges) and a copy of investigation report (related to the designation of narcotics);

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (selected to imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the calculation of the amount of additional collection: 20,000 won for hub narcotics (the price for a single medication for hub narcotics) of the class];

1. Claims by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order;

1. Although the Defendant’s summary of the assertion is the fact that he delivered the hub narcotics to E, it does not constitute “delivery” merely because he returned the hub narcotics owned by E.

2. Determination

A. In light of the following circumstances acknowledged by the aforementioned evidence, the Defendant’s statement to the effect that he/she delivered her hub narcotics to E may be believed, and there is no counter-proof to support the Defendant’s assertion that he/she returned her hub narcotics that he/she was in possession of, and otherwise, the Defendant returned her humping.

① Recognizing that there was a smoking of hub drugs in the Defendant’s spawn car at the time of the above criminal facts, E shall be deemed to have been driven by the Defendant at the time, and it shall be good for the Defendant at the time to use the same spawn.

"" and "bred narcotics."

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