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(영문) 부산지방법원 동부지원 2018.05.15 2017고합295
마약류관리에관한법률위반(향정)
Text

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

No person shall sell, sell or use a local mental medicine falling under item (a) of a local mental medicine as prescribed by the Narcotics Control Act, or a local mental medicine containing such medicine.

1. The Defendant, each of the inner names “B”, from around 15:00 on March 26, 2017 to the same year.

3. From around 05:00 to D’s house located in Busan Shipping Daegu C Officetel 438, Busan Metropolitan City, D, to purchase “BB” (hereinafter “BWH-210”), one of the similar chains in B-Cusa (AB-CHMINCA) and Blub oil containing -210 (JH-210) ingredients, which is located in D’s local mental drug - from D’s flabed mental drug -018 (JWH-018). D brought about approximately 1g of “B”, which was put on D’s flab to sell to the Defendant, and offered KRW 10,000 as the price for the above flabing.

As can be seen, the Defendant purchased “B” falling under the Local Mental Drugs (A).

2. From May 13, 2017 to May 16, 2017, the Defendant: (a) removed “B” from the Defendant’s house located in the Busan Shipping Daegu E No. 2306 building from May 13, 2017, and used “B” as a means of smoking after removing the smoke of ordinary tobacco.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Police seizure records;

1. Reports and investigation reports by each police (the list Nos. 2, 5, 6, 12 of evidence);

1. Each prosecutor's investigation report (the sequence 14, 15 of the evidence list);

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 58 (1) 3, Article 3 subparagraph 5, Article 2 subparagraph 3 (a) (a) of the Act on the Selective Control of Narcotics, Etc. and the Selection of Punishment for Criminal Crimes (a) and Article 58 (1) 5, Article 3 subparagraph 5 of the Narcotics Control Act, and Article 2 subparagraph 3 (a) (a) of the Act on the Management of Narcotics, Etc.) and Article 2 subparagraph 3 (a) (a) (a use of JWH-018 similar body) of the Act on the Management of Narcotics, etc.;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (FW-018) of the Aggravation of Concurrent Crimes is a purchase of similar body with heavier punishment.

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