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(영문) 수원지방법원 안산지원 2020.05.22 2019고합364
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

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.

On May 18, 2019, around 15:51, the Defendant purchased approximately 0.5g 0.5g of a synthetic hemp, including the ingredients of the 4F-MDM-B-UTINACA, in the vicinity of the Dong-gu, Ansan-si, Ansan-si, and traded 15 times, as indicated in the list of crimes in the attached Table, the Defendant traded spiones over 15 times, including that:00 won in return for the purchase to C, and that the purchase was made by delivery of approximately 0.5g of a spions from C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation (including the circumstances in which the accused is present), investigation report (including the details of the inquiry of the insured, etc. attached), investigation report (including a copy of the statement of a witness attached to C), investigation report (including a copy of the statement of a witness attached to the statement of a witness), investigation report (C seizure report, the indictment attached to the indictment), investigation report (necessary for partial correction

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. for the Establishment of Relevant Acts and the Selection of Imprisonment for a limited term concerning criminal facts;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [The basis for calculation of the amount of additional collection: 750,000 won (=the purchase price for a set of sphas 50,000 won x 15 times)] of the Act on the Management of Narcotics, etc.;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to six months; and

2. The recommended sentencing criteria; and

A. Violation of the Act on the Control of Narcotics, Etc. (Determination of Types 3) due to the sale and purchase of each spha spha spha spha spha spha spha spha spha spha spha

Measures to reduce trees, etc. (special persons with a mitigated sentence): Purchase or acceptance for medication, simple possession, etc. (the scope of recommending area and recommended punishment) shall be mitigated, imprisonment with prison labor.

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