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A defendant shall be punished by imprisonment for not less than three years and six months.
280,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
The defendant is not a person handling narcotics.
1. Violation of the Narcotics Control Act;
A. On April 7, 2019, at around 13:40 on April 7, 2019, the Defendant sold 2.820,000 won to C, a foreigner of Uzbekistan nationality, who is an psychotropic drug, by receiving KRW 4.7gg of psychotropic drugs, JWH-018 and its similar body, etc. (hereinafter “Spha”; hereinafter “Spha”).
B. On April 13, 2019, around 17:40 on April 13, 2019, the Defendant sold a type of spout 9g of spout spout, which was parked in the vicinity of the main body B, to C receive KRW 8.10,000,000.
2. The defendant in violation of the Act on the Control of Narcotics, etc. (mariana).
At the time and place described in the port, 160,000 won of marijuana in the diesel form was sold to C and sold to C.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Each investigation report (the sequence 4 through 6, 8, 9, 14, 25 of the evidence list);
1. Copy of seizure records;
1. Application of the A monetary details Acts and subordinate statutes;
1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2 and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of sales of each psychotropic drug and the choice of limited imprisonment), Article 59 (1) 7 and subparagraph 7 of Article 3 of the Narcotics Control Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from the sale of psychotropic drugs by April 7, 2019, which are the largest punishment and criminal administration)
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The public prosecutor under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. requests a collection of the amount equivalent to the money that the defendant received while selling the instant narcotics to C.
However, since the collection of narcotics under the Act on the Control of Narcotics, etc. is a disposition with punitive character, it is the owner of narcotics.