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(영문) 서울중앙지방법원 2018.04.19 2018고합141
마약류관리에관한법률위반(향정)
Text

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

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 11, 2017, at around 04:00, the Defendant received, without compensation, one of the vinyl 0.7g “AB-CHACA” as a similar body of JW-018 from EWH-018 from Earararar D, which is a native mental medicine, at the place of residence located in Gangnam-gu Seoul Metropolitan Government C102 Dong 201.

2. On March 20, 2017, the Defendant smoked and used a smoke from a toilet located in the place of residence described in the preceding port at around 01:00, among the “ABCHAAA” received as above, in a way that makes it difficult for the Defendant to look at the fluor’s fluor’s fluor’s fluor’s fluor’s fluor at the end of the cigarette.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. D-D-D-D mobile phone call details;

1. Written consent to the recovery of urines, protocol of seizure (voluntary submission), list of seizure, request for appraisal, and reply to each request for appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (the calculation of an additional collection charge), investigation report (the classification of drugs for the purpose of this case);

1. Relevant Article 58 (1) 3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) (i.e., transfer of and receipt from e-mail or car, choice of imprisonment with prison labor), Article 60(1)1, Article 3 subparag. 1, and Article 2 subparag. 3 (a) (i.e., use of e-cc or car in e-cc or car, choice of imprisonment with prison labor) of the Narcotics Control Act on criminal facts;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Aggregate of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of a surcharge): 500,000 won (=the defendant) in case of a vinyl 0.7g of non-tens or car 0.7 in the judgment of KRW 500,000.

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