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(영문) 서울중앙지방법원 2013.09.26 2013고합707
마약류관리에관한법률위반(향정)등
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Joint Crimes by Defendants] Defendants are not authorized to handle narcotics.

1. At around 01:00 on October 5, 2012, the Defendants administered 5-Meo-Fo-Fo-Fo-Fo-Mo-Mo-Mo-Mo-Mo-Mo-Mo-Ma-Ma-Ma-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M-M

As a result, the Defendants conspired to use 5-Mo-Fo-Fot.

2. The Defendants used the above date, at the above place, 5-Mo-Fo-Fot, and smoked in a way that added the smoke to the hybrid tobacco made of psychotropic drugs with the psychotropic drug swelves-018 (hereinafter referred to as “swelves or swelves”), and then returned it.

As a result, the Defendants conspired to use the Gabble-018.

[Defendant A] After using psychotropic drugs as mentioned in paragraphs (1) and (2) above, Defendant A, in the state of lacking the ability to discern things or make decisions by taking them into consideration narcotics, was running on the street in Seongbuk-gu Seoul E-Ba, Seoul, and distributed the body in front of many unspecified people.

Accordingly, Defendant A made a patent obscene act.

Summary of Evidence

【Violation of the Narcotics Control Act at the Time of Sales】

1. Defendants’ legal statement

1. Requests for appraisal, reports on investigation (report on the origin of title of psychotropic drug JWH-018);

1. A criminal investigation report (a multiple appraisal reports) and a criminal investigation report (a report for calculation of an additional collection charge) (a point of public performance and obscenity in the market);

1. Defendant A’s legal statement

1. Legal statement of the witness B;

1. Application of the statutes governing the arrest of flagrant offenders;

1. The Defendants: Articles 59(1)5, 3 subparag. 5, and 2 subparag. 3 (a) of the Narcotics Control Act, and Article 30 of the Criminal Act (the use of 5-Mo-Non and 2-018) of the Act on the Control of Narcotics, Etc.; Defendant A: Article 245 of the Criminal Act (the point of public performance and obscenity; the choice of imprisonment)

1. The defendant A with mental disability mitigation: Article 10(2) of the Criminal Act.

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