마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for two years.
Seized evidence shall be confiscated from the accused.
Punishment of the crime
[criminal history] On July 4, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on December 9, 2014, and completed the execution of the sentence. On September 20, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Gwangju District Court on September 6, 2017.
[ criminal facts] The defendant is not a person handling narcotics, and thus shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or offer narcotics or psychotropic drugs.
1. On September 24, 2017, the Defendant purchased approximately 46.321g of Mephonephones (one philopon; hereinafter referred to as “philopon”) from a person in an insane near D (one philopon; hereinafter referred to as “Wlopon”) who purchased approximately 46.321g from a person insane, which is a local mental medicine, in the vicinity of D (Seoul-gu) Seonam-gu.
After all, the Defendant traded philophones.
2. On September 23, 2017, the Defendant: (a) inserted 0.03g of philophone into a single-use injection machine at the location of a mutual influorial parking lot located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu; and (b) injected philophone into the arms, and injected philophones.
3. On September 25, 2017, at the F Station parking lot located in Asan-si E around 18:10, approximately 41.28g of the said penphones were put in body in four plastic bags, and approximately 5.01g was put in one plastic bag and parked in G K3 cars operated by the Defendant on the said parking lot.
After all, the defendant possessed a philophone.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness H and I;
1. A report on the results of the preliminary test for narcotics, and a response to each request for appraisal;
1. Police seizure protocol (net 3);
1. An investigation report (a report on a digital siren reply);
1. Previous conviction: Determination on a reply to inquiry, such as criminal history, the defendant and his/her defense counsel's assertion
1. The Defendant’s summary of the assertion is H (hereinafter referred to as “H”).