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(영문) 서울중앙지방법원 2015.07.09 2014고합1467
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

On April 16, 2014, the Defendant dealt with AB-PINACA, 5-F-PINA-PINCA ingredients (hereinafter referred to as “bred tobacco”), and the interesting agents (hereinafter referred to as “fluent tobacco”), which are designated by the Commissioner of the Korea Food and Drug Administration as temporary narcotics, despite that he/she is not allowed to sell or possess pre-temporary narcotics or temporary narcotics, as follows:

1. Purchasing hybrid tobacco;

A. On September 2014, 2014, the Defendant purchased hybrid tobacco from the first 25th floor office of the Dongjak-gu Seoul Metropolitan Government building C, and the Kwikwikset Service Articles sent by the deceased, 40,000 won in terms of the purchase price, and purchased 10,000 won in hybrid tobacco from the Defendant.

B. On September 2014, 2014, the Defendant purchased hybrid tobacco from the 25th floor office of the Dongjak-gu Seoul Metropolitan Government building C, and the Kwikwikset service article sent by the deceased, the Defendant purchased 400,000 won as the purchase price, and 10 volume of hybrid tobacco from the Defendant.

2. On September 13, 2014, around 09:30 on September 13, 2014, the Defendant received KRW 40,00,00 from the Simsan-dong located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and received KRW 40,00 from D as the purchase price, and the Defendant received the said KRW 1-A.

As in the same paragraph, one of the hybrid tobacco purchased was delivered and sold.

3. On October 13, 2014, the Defendant: (a) kept the Defendant’s vehicle parked on the street in front of the “Fel” located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City E, with a vehicle operated by the Defendant, and (b) kept 5ml canl 1 disease on the side of the car driving seat; and (c) possessed it.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Protocol of seizure, seized hybrid tobacco, rupture photographs;

1. A fireproof report (D's D's 'G' and a copy of the contents of conversation in a plastic Stockholm), investigation report (C-building CCTV investigation), investigation report (investigation into vehicles operated by a suspected accused accused), investigation report (in addition to magnetic Stockholming content), investigation report (in case of vehicles operated by a suspected accused accused);

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