beta
(영문) 서울북부지방법원 2017.07.26 2017고단1166

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

260,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than a narcotics handler, shall receive, administer, or deliver marijuana, a chropopopopon (one philoopon, hereinafter referred to as “phiopon”), which is a local mental medicine, and the defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act;

A. On February 23, 2017, around 05:10, the Defendant put about approximately 0.05g of philophones delivered by D into a single-use injection instrument, dilution them with water, and administered philophones with the Defendant’s arms.

B. On March 10, 2017, at around 20:00, the Defendant administered approximately 0.07 g of phiphonephones in the same manner as the above paragraph (a).

2. Around March 17, 2017, the Defendant received approximately 10g of marijuana from I in a mountain warehouse near the Hacheon-gun G of the Gangwon-do, at around 17:00, in return for the delivery of approximately 10g of marijuana from I, and on March 9, 2017, in the vicinity of the J apartment in Chuncheon-si, the Defendant received marijuana by delivering 1g of the marijuana free of charge to K in the vicinity of the J apartment in Chuncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor in K;

1. A protocol concerning the examination of suspect of each police station against D;

1. A statement on narcotics appraisal;

1. Written drilling (written reply to the appraisal of narcotics, etc.);

1. A report on investigation (calculated additional collection charges);

1. Application of Acts and subordinate statutes to accusation and copies of checks;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 6, and Article 4 (1) 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Crimes and the Selection of Punishment therefor (or Selection of Imprisonment with prison labor), Article 61 (1) 6, and Article 4 (1) 2 of the same Act for the Prevention of Narcotics, etc.;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant on July 22, 2016, for reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (two-time medications of phiphonephones x 100,000 won x 260,000 won x 3,000 won x 260,000 won ) of the Act on the Control of Narcotics, Etc., shall be punished by imprisonment with labor for a year.