logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.07.23 2013고합264
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2012, the Defendant, even if he is not a narcotics handler, paid USD 100 to F at the accommodation of the Defendant in Pyeongtaek-si D, and purchased 2g similar chain of JWH-2201(one 'one 'one 'sophm'), which is a psychotropic drug, in the vicinity of the Defendant's accommodation, between 15:0 and 16:00.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of prosecution concerning F;

1. A copy of a protocol of suspect examination of the police against F;

1. A copy of the police statement concerning F;

1. Determination on the assertion of the Defendant and the defense counsel for each investigation report

1. The summary of the assertion is the fact that the Defendant inhales spha, but the spha spha, the Defendant inhales psychotropic drugs, does not fall under the category of JWH-2201, and even if it does not fall under the category of JWH-2201.

Even if the defendant did not know that it was a substance the use of which is prohibited by Korean law.

2. According to each of the above evidence, the fact that F purchased and stored ices, a finished product, from the friendship in the U.S. around June, 2012, and sold them to the Defendant at early September, 2012, and the fact that F was detected from AM-2201 in the remainder of ices where F purchased and stored without selling them. Thus, the ices purchased and inhaled from F can be sufficiently recognized to be AM-201.

Furthermore, the defendant stated that the sphice inhaled in this court was aware of the fact that the sphice constitutes hallucinogenic substances. Even if the defendant was unaware of the fact that the sphice was prohibited from using the psychotropic drugs under the Narcotics Control Act at the time, it is merely a mere legal site and does not constitute a mistake in the law stipulated in Article 16 of the Criminal Act. Thus, the defendant's assertion is rejected.

arrow