마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
700,000 won shall be additionally collected from the defendant.
Punishment of the crime
On August 21, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on February 13, 2015, and completed the execution of the sentence.
Even if the Defendant is not a narcotics handler, the Defendant arranged the trade of the Metropoper (one philophone, hereinafter “philophone”), which is a local mental medicine, and administered philophones as follows.
1. On December 31, 2015, the Defendant: (a) contacted D, a book for the supply of phiphones, upon request from C to request from a non-place; and (b) assisted D, a one-time injection machine with approximately 0.7g grams from D, which stops in the 1st floor underground parking lot of Incheon, Nam-gu, Incheon, Seoul, for approximately 17:00 on December 31, 2015; and (c) arranged for approximately 0.4g of phiphones in return for arranging for approximately 0.4g of phiphones; and (d) 17:20 on the same day, the Defendant purchased KRW 600,000 of phiphones which arrive at C before the above E street and arranged for approximately 0.7g of phiphones by means of trading phiphones and approximately 0.7 grams on July 20, 2015.
2. The Defendant, at around 00:30 on January 13, 2016, administered 0.1g of philopon to his arms using a disposable injection device after dilution of approximately 0.1g of philopon in the Defendant’s residence in Nam-gu Incheon Metropolitan City E 710.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Responses to requests for appraisal, and additional responses to requests for appraisal;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the date of release, confirmation of the date of release and attachment of judgment);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.