마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for a term of one year and one month.
400,000 won shall be additionally collected from the defendant.
Punishment of the crime
[2017 Highest 2839, hereinafter “2839”) the Defendant was not a narcotics handler. On May 16, 2017, around 15:00, around the first floor located in the Busan District captain C, the Defendant administered a philopon in a way that 0.07 grophones (one philopon; hereinafter “philopon”).
[2] On December 20, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Jeonju District Court on December 20, 2012 and completed the execution of the sentence in the Net Prison on April 23, 2014, and was not a narcotics handler.
1. The Defendant, in collusion with E on February 28, 2017, administered phiphones in collusion with the Defendant at the guest room in the Busan Shipping Daegu F on February 20, 2017, using approximately 0.03 g of phiphones, a local mental medicine, which he had E on the 2 tin of coffee.
2. On April 12, 2017, the Defendant administered phiphonephones in a coffee, which was delivered by E at the guest room of “Gtour” located in H in the Busan District captain-gun, on April 12, 2017.
3. On April 16, 2017, the Defendant, in collusion with E, administered phiphones in a manner of driving approximately 0.03g of phiphones, respectively, at the guest room of the above “Gel” around April 17:30, 2017.
Summary of Evidence
[2839]
1. Statement by the defendant in court;
1. Protocols of seizure and list of seizure, each appraisal report, investigation report (net 11), and monthly trend of narcotics (3536);
1. Statement by the defendant in court;
1. Copies of each police or prosecutor's protocol concerning E, and suspect interrogation protocol;
1. A copy of the report on seizure and the list of seizure, a written appraisal, a report on investigation (time 17), and a monthly trend of narcotics;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, results of the search of prisoners, report on criminal investigation (time 19), application of the text of the judgment;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;