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(영문) 수원지방법원 안양지원 2017.08.11 2017고합105
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 20, 2017, the Defendant imported JWH-018 and its dead body (i.e., synthetic marijuana or Hub drug) (i.e., “syntheym marijuana” or “herb drug”) in New York on the 13:09, the Defendant sealed the Republic of Korea of approximately 3.04 g of approximately 5F-ADB, 5F-AKB48, 5F-22, and STS-135) in a manner that allows the Defendant to arrive in the Incheon International Public Security through an international mail in Part D.

2. Medication of phiphones.

A. On January 1, 2017, the Defendant: (a) around 22:00 on the first day of January 2017, 2017, the Defendant: (b) had a person under whose name had his/her name appear in the telephone room in Dongjak-gu Seoul Metropolitan Government Sail-dong; (c) approximately 0.05g of Mesophical medicine (i.e., a single phiphone; hereinafter referred to as “phiphone”); (d) put approximately 0.05g into a disposable injection machine; (ii) dilution into a disposable injection machine; and (iii) injected the Defendant’s mephone, thereby having the Defendant administered the mephone.

B. On February 1, 2017, around February 1, 2017, the Defendant administered 0.05g phiphonephones in the trade name in the Dongjak-gu Seoul Metropolitan Government Salydong-dong around February 1, 2017.

(c)

On February 7, 2017, the Defendant administered approximately 0.05 g of phiphonephones in the mutual influence room in Dongjak-gu Seoul Metropolitan Government Salydong around February 7, 2017, at around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (No. 7,10 No. 500) and documents attached thereto;

1. Information acquisition report (exploitation of approximately 3.04g of U.S. 5F-ADB) and accompanying documents;

1. Application of the Acts and subordinate statutes notifying the results of legal and chemical appraisal;

1. Article 58 (1) 3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) of the Act on the Selection and Control of Narcotics, Etc. (the importation of drugs with a spirit of medicine and the choice of imprisonment with labor), Article 60(1)2, and Article 4(1)1, and subparagraph 3 (b) (the appointment of imprisonment with labor) of Article 2 of the Act on the Control of Narcotics, etc. concerning facts constituting an offense;

1. The aggravated Criminal Act for concurrent crimes.

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