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(영문) 부산지방법원 2020.05.15 2020고합111
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 2019, the Defendant sold the synthetic marijuana in the composition of B and psychotropic drugs, which is a mobile phone purchaser, and JWH-018, and its similar chain 5F-MDB pica (hereinafter referred to as “hynthetic marijuana”) by a person other than a person handling narcotics.

1. The Defendant listened to the Defendant’s words that he would purchase the sob (synthetic marijuana) to be used by pro-Japanese and C, and received KRW 1,40,000 from the Defendant’s Kakao Bank account on December 16, 2019, and received KRW 1,40,000 from the Defendant’s Kakao Bank account on December 16, 2019. On the same day, around 20:00, at C’s house located in Busan Jin-gu EtelF, two vinyls (total 2gg), and the rest of KRW 140,000,000 were later received.

Accordingly, the Defendant sold a hub (synthesis) to C and D.

2. The Defendant heard from C that he would purchase additional hybrids (synthesis marijuana) to be used by himself and D, and around 21:00 on December 17, 2019, at the front of the entrance of G in Busan Jung-gu, Busan, he received KRW 1.40,00 in cash from C, and then 2 Vins (total 2gg) of vinyl (synthesis) containing 1g of hubs (synthesis) contained in a small transparent vinyl, and then 1.40,000 won remaining later.

Accordingly, the Defendant sold a hub (synthesis) to C and D.

Summary of Evidence

1. Defendant's legal statement;

1. First time a protocol concerning the examination of suspect C;

1. Each protocol of seizure and the list of seizure (Evidence Nos 24, 27) and protocol of seizure;

1. Application of investigation reports (related to the identification of the suspect A and H), investigation reports (related to the place of purchase of the hub narcotics and the unauthorized driving of the suspect A), investigation reports (related to the discovery of tools used by the suspect A in the course of transaction of narcotics, etc.) (applicable to Acts and subordinate statutes;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense by which the relevant Article of the Act and the choice of punishment are applicable;

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

1. Discretionary mitigation Criminal Act;

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