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(영문) 인천지방법원 2014.07.04 2014고합121
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person shall trade, deliver or receive psychotropic drugs (Article 2 subparagraph 3 (a) of the same Article);

Nevertheless, at around 20:00 on June 2013, the Defendant delivered approximately 0.5g of the first psychotropic drugs designated as temporary narcotics to G at the mutual inf clubs near the F Station located in Gangnam-gu Seoul, Seoul, and received approximately 0.5g of the first psychotropic drugs (e.g., 5F-AKB-48, UR-144, etc.).

From that time until December 24, 2013, the Defendant purchased from H an amount equivalent to KRW 10250,000,000,000,000,000 from H, and sold approximately KRW 111.48g via 12 times to six persons, including I, and granted and received Switzerland 2.5g free of charge over three occasions.

2. No person shall use any psychotropic drug;

Nevertheless, at around 18:00 on August 2013, the Defendant, at the house of K Station G located in Gangnam-gu Seoul Metropolitan Government J, put the sphs in the inhaled machine created by using spick bottles, and smoked.

From that time until December 24, 2013, the Defendant used SPs over a total of 11 times, as shown in the attached Table 2 of Crimes List 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of H in the third police interrogation protocol against the defendant;

1. Copies of each police suspect's interrogation protocol on L, M, G, H, N,O, P, Q, and I;

1. The prosecutor's statement concerning H;

1. The police statement concerning R;

1. A copy of the report on the request for appraisal (162 pages of investigation records), a copy of the designation and public notice of temporary narcotics (167 pages of investigation records), and the meeting for appraisal (808 pages of investigation records);

1. Application of Acts and subordinate statutes to a copy of the protocol of seizure (Investigation Record No. 21);

1. Article 58 (1) 3, Article 5-2 (5), subparagraph 5 of Article 3, and subparagraph 3 of Article 2 of the Act on the Management of Narcotics, etc., for the sake of criminal facts and the selection of punishment;

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