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(영문) 부산지방법원 2014.08.29 2014고합460
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

No person, despite being prohibited from possessing or using temporary psychotropic drugs, the accused,

1. On April 10, 2014, around 22:00, a green dust containing approximately 2.87 grams containing 5F-UR-14 (XL-11), 5-MeO-DALT, AKB-48 (APINACA) on a temporary psychotropic drug in 102 Dong 402, a defendant's house located in Busan YY-gu B, Busan YB, and:

2. As above, at the above date, at the same time and place, flag tobacco zyer tobacco hye and hye the hye by inserting hye green dust into it and using it by a method of drinking it;

3. On April 11, 2014, around 10:25, around 207 D Apartment 207, the Busan Seo-gu Office received and possessed approximately 0.36 grams of green dust containing approximately 1.37 grams and 5-MeO-DB-48 (APINACA), and approximately 0.36 grams of green dust containing approximately 5F-UR-144 (XL-11), a temporary psychotropic drug delivered as an international express shipment in the United States, prior to the guard room of 207 D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. One copy of a report on the detection of 5F-UR-14-3 12.38gg, a receipt of a selective shipment from the United States of America, and one copy of a receipt of a selective shipment;

1. Written response to the results of the analysis, and notification of the results of each narcotics appraisal;

1. The application of the provisions of the Acts and subordinate statutes 4 of the cover of the international special transport cargo sealed, report on the close-down - three photographs, synthetic marijuana photographs voluntarily produced by the suspect, report on the photographing of the suspect; and

1. Article 59 (1) 5, Article 5-2 (5), subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts (the possession and use of temporary psychotropic drugs);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [aggravating concurrent crimes with punishment provided for in the Act on the Control of Narcotics, etc. under paragraph (1) of the same Article which is the most severe punishment and criminal administration];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2 of the Criminal Act, and Article 59 of the Probation, etc. Act;

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