마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than eight months.
1.850,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional charges.
Punishment of the crime
Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Megatop cam (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:
1. On September 29, 2017, the Defendant: (a) provided AP with approximately 1g of philopon contained in a disposable injection machine within a car operated by the Defendant who stopped near the Guro-gu Seoul AO Station; (b) around September 29, 2017.
2. On November 21, 2017, the Defendant provided approximately 1g of philophones contained in AP in the Japanese-use injection machine from Seocheon-si Qno around 2017.
3. On March 5, 2018, the Defendant provided AP with approximately 0.5g of phiphonephones contained in the one-time injection machine at the Yangcheon-gu Seoul Roon.
4. On September 1, 2017, the Defendant: (a) inserted approximately 0.1g of phiphone into a one-time injection machine in Yangcheon-gu Seoul, the Defendant’s residence; (b) dilution with water; and (c) administered phiphones by means of injection with the Defendant’s arms blood transfusion; and (d) administered phiphones over about 11 occasions from around the above day to the beginning of March 2018, as indicated in the list of crimes committed in the attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police suspect interrogation protocol with respect to AP;
1. Investigation report (Analysis of criminal suspect A and accomplice AP call details);
1. Application of Acts and subordinate statutes to investigation report (Attachment of suspect's report on the prosecution and the result of maternity appraisal);
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;
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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. appears to be against the defendant, recognizing each of the crimes in this case.
On the other hand, there are many amounts and frequency of penphones handled by the defendant.
In addition, the defendant seems to have continuously dealt with philophones in addition to the crime.