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【裁判要旨】多次贩卖K粉共3.48克,根据最高人民法院《关于审理毒品案件定罪量刑标准有关问题的解释》(以下简称:《量刑标准》)规定,多人多次贩卖毒品的,可以认定为情节严重。但氯胺酮(俗称K粉)属新类型毒品,其毒性相比传统毒品海洛因要弱,在国内泛滥的时间也不长,实践中涉及其犯罪的量刑也缺乏经验。若将其机械地与传统毒品冰毒或海洛因等同看待并进行量刑,很容易造成量刑的整体失衡。
According to the Interpretation of the Supreme People’s Court on Relevant Issues Concerning the Conviction and Sentencing of Drug-related Arrears (hereinafter referred to as “sentencing standards”), the offense of drug trafficking by multiple people for many times may be The case was found to be serious. However, ketamine (commonly known as K powder) is a new type of drug whose toxicity is weaker than that of traditional drugs, prolonged in the country and lacks experience in sentencing the crimes involved in practice. If it is mechanically treated in the same way as traditional narcotic drugs or heroin and sentenced, the overall imbalance of sentencing can easily result.