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(영문) 대구지방법원 2014.01.17 2013고합565
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

Defendant is not a narcotics handler.

1. On May 2013, the Defendant sold a similar body of JWH-018, psychotropic drugs (hereinafter referred to as “Sphs”) at his/her own dwelling place of Daegu-gu C building B, Daegu-gu, 301, and received KRW 40,000 from D.

2. The Defendant smoked with D, at the time, at the time, at the place, and at the place, D’s spiones 1g.

3. On May 27, 2013, around 21:26, the Defendant sold SP 12g of SP at a parking lot for his own dwelling of building C, Daegu-gu, Daegu-gu, 301, and received KRW 120,000 from D and E, and sold the SP 12g.

4. On June 5, 2013, around 21:00, at its own dwelling place of building B, Daegu-gu C building B, Daegu-gu, 301, received KRW 1.20,000 from E and sold Switzerland 12g.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on D and E;

1. Response to whether narcotics are applicable;

1. Correspondence to a request for appraisal: the application of the suffered appraisal statutes;

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, and Article 60 (1) 1, subparagraph 1 of Article 3, and subparagraph 3 (a) of Article 2 of the same Act on the Control of Narcotics, etc. (the occupation of smoking in a spice and the choice of imprisonment with prison labor);

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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) Sentencing (decision on the type) on the violation of the Act on the Control of Narcotics, etc. (Psychotropic) due to the sales of each spha spha spha spha spha spha spha spha spha, etc.;

The elements for mitigation, such as trees, etc. (special sponsor): important.

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