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(영문) 인천지방법원 2020.02.07 2019고합876
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for five years.

Seized evidence1 through 3 (the remainder after being consumed for each appraisal).

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 1, 2019, the Defendant used a spice by attaching a spice to one cigarette with a psychotropic quantity of JWH-018 similar body “5-F-D” (one spice “Sp”; hereinafter “spice”), which is psychotropic drugs, at the next smoking room of the D neighboring buildings located in Ansan-gu, Sinsan-si. As such, the Defendant used tobacco in a method of inhaleing smoke.

2. The Defendant decided to sell ices according to the direction of “E”.

Accordingly, around the night of November 2, 2019, the Defendant: (a) purchased and sold Spha spha spha 0.5g to F in the vicinity of the Dong-gu, Ansan-si; and (b) purchased and sold Spha spha sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp s

Accordingly, the Defendant conspiredd with E to sell and purchase sects.

3. On November 8, 2019, the Defendant, around 19:00, kept approximately 1.52 g of spions around H burial in Ansan-si G located in Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. An appraisal report and an impeachment report (a suspect's maternity appraisal report);

1. A criminal investigation report (Attachment to cell phone calls of a suspect), an investigation report (location of a suspect's cell phone phone calls and confirmation of personal information of a suspect)

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 59 (1) 5, 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., Article 58 (1) 3, subparagraph 5 of Article 3 and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning facts constituting an offense;

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

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