마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant is not a narcotics handler.
1. On February 2016, the Defendant expressed an advertisement for selling a penphone, which was posted by a person without his/her name (closed “D”) in the early fashion using a drug of a psychotropic spirit (i.e., a single philopopon; hereinafter “philopon”) to purchase and administer a philopon.
A. On February 3, 2016, the Defendant transferred KRW 700,000 in cash to the NongHyup Bank account (G) in the name of F used by the said person in the name in Ulsan-gu E market at around 13:30 on February 3, 2016, and purchased approximately KRW 1g of phiphonephones by receiving approximately KRW 1g of phiphonephones from I located in Ulsan-gu H around 21:00 on the same day.
B. On February 10, 2016, at around 12:45, the Defendant transferred KRW 100,000 in cash to the NongHyup Bank account in the above F name from Nam-gu, Ulsan-gu. On the same day, at around 20:00, the Defendant purchased approximately KRW 2g of phiphonephones by receiving 2g of phiphonephones from the above I.
(c)
On March 7, 2016, the Defendant, at around 14:45, remitted KRW 200,000 in cash from the Nonghyup Bank in the name of the said F to the NongHyup Bank account in the name of the said F, and the Defendant, around 22:25 on the same day, intended to purchase the phiphone by receiving approximately KRW 4g of the phiphonephones from the said I, but was arrested to the police and attempted to commit such act.
2. On February 9, 2016, the Defendant administered a philophone on 18 occasions in total, as described in the list of crimes in attached Table 1.20, around 22:00, Ulsan-gu Incheon Metropolitan City M apartment 109, 1602, containing approximately 0.05 g of philoon in a single-use injection machine, dilution in water, and injection in arms, from that time until March 6, 2016, the Defendant administered a philophone on 18 occasions in total, as described in the foregoing 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the protocol concerning the examination of suspect of the N; and
1. A statement on narcotics (a net 22);
1. The application of the law of 1.23 to the text message content and transaction details (the net 23).