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(영문) 제주지방법원 2020.09.10 2020고합120
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2020, the Defendant decided to purchase synthetic marijuana of 5-Fluoro-MDMB-PIC components, which correspond to psychotropic drugs, through a foreign drug sales site operated by the Defendant on April 2, 2020, and ordered approximately 15g of synthetic marijuana (including packaging plastic products) via the agricultural card in the name of the Defendant, and ordered approximately 15g of synthetic marijuana (including 120,000 won) through the agricultural card in the name of the Defendant.

Accordingly, on April 16, 2020, the above person under whose name the mail was sent in disguised international trade mail after sealing about 15g of synthetic marijuana ingredients of the defendant's 5-Fluoro-MB-PIC component into vinyl packaging packaging, sealing the recipient's paper into "C", stating the place of receipt as "D, JEJU-SI, JEJU-DO, SOUTKREA", and sending the above mail in disguised international trade mail to E. On April 16, 2020, the above mail arrive at the port of Incheon which is located in the Jung-gu Incheon Port.

Accordingly, the Defendant, in collusion with the above names in England, imported approximately 15g of synthetic marijuana ingredients of JWH-018 psychotropic substances in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of JWH-018 Similar Bodies 25.81g and a report on results of analysis;

1. Application of an investigation report (Attachment to the details of orders issued by JWH-018 similar entities to a suspect), investigation report (Attachment to B Internet website output), investigation report (Attachment to B mobile power output), investigation report (Attachment to B mobile power output), and investigation report (Attachment to the list of messages approved for purchase of similar objects) statute;

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

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Legal provisions;

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