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(영문) 대전지방법원 천안지원 2021.02.03 2020고합250
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment with prison labor for one and half years.

However, from the date of the conclusion of the judgment, the Defendants are respectively.

Reasons

Punishment of the crime

1. On April 20, 2019, Defendant A purchased synthetic marijuana from E in total seven times from July 27, 2019, from around D convenience stores located in Asan City, by paying and purchasing approximately KRW 0.3g of cash 50,000 from JWH-018 similar bodies 4F-MM-BUTINACA (hereinafter “a synthetic marijuana”), a native mental medicine, from E, from around July 2019.

2. On May 14, 2019, Defendant B purchased synthetic marijuana 0.3g of KRW 50,000 from H in cash at the vicinity of G convenience stores located in Asan City F, and then purchased synthetic marijuana from H two times in total from around June 9, 2019, including from around June 2, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect to I or J;

1. Statement made to K in the police statement;

1. Investigation report (Analysis of the mobile phone phone calls of the suspect E-work), investigation report (related to the suspect A and B's crime), and investigation report (calculated as the suspect A and B's additional collection charge);

1. Application of Acts and subordinate statutes to the seller's photograph, telephone record, guidance and telephone record, and map output related to the purchasing place; and

1. Defendants who choose the pertinent legal provisions and punishment for criminal facts: Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Narcotics Control Act and choice of imprisonment with prison labor for a limited term;

1. Aggravation of concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed for a violation of the Act on the Control of Narcotics, Etc. due to the Purchase of Drugs, Etc., 7 times a year a year from the sight of the largest crime];

(b) Defendant B: the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as provided for in the Act on the Control of Narcotics, Etc., due to the Purchase of Re-Psychotropic Drugs No. 2, No. 37, 38(1)2, and Article 50 of the Criminal Act];

1. Defendants to be legally mitigated: Articles 52(1) and 55(1)3 (self-denunciation) of the Criminal Act;

1. Small amount;

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