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(영문) 대구지방법원 2014.02.18 2013고합625
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

Defendant is not a narcotics handler.

1. On June 2013, the Defendant received KRW 400,000 from D, and sold approximately JWH-018, psychotropic drugs, and its similar body (hereinafter “SphaS”) to D (14g).

2. At around 22:00 on July 13, 2013, the Defendant sold S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

3. Around 22:00 on August 20, 2013, the Defendant purchased from D 400,000 won from D, and purchased from D 400,000 won from spions (14g).

4. The suspect, at around 22:00 on September 30, 2013, purchased the S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Investigation report (conceivating subscribers to persons who purchase and sell ices, attaching telephone conversations between a suspect and persons who buy and sell ices, reporting on the results of checking the personal information of A: Specific information of A and suspect);

1. Application of Acts and subordinate statutes on reply to whether narcotics are;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 of Article 2 of the Act on the Management of Narcotics, etc., for which the relevant Article of the Act on Criminal facts and the Selection of Punishment are applicable;

Title (Selection of each limited term)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

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

A. As to the sentencing criteria (the decision on the type) on the violation of the Act on the Control of Narcotics, etc. (the offenses of 1 through 4) (the offenses) due to the sale and purchase of each spha spha spha spha, narcotics and the sales and mediation of narcotics;

- trees, etc. (special sponsors) -.

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