마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for a term of one year and four months.
Seized evidence No. 1 shall be confiscated.
10,000 won from the defendant.
Punishment of the crime
[Power of repeated crime] On July 24, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jeonju District Court on July 24, 2015, and completed the execution of the sentence at the Jeonju prison on August 1, 2016.
[2] A person who is not a handler of narcotics shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or offer narcotics or psychotropic drugs.
Defendant is not a narcotics handler.
1. Around 20:00 on March 21, 2017, the Defendant administered 0.05 g of Mesophalopon, which is a local mental medicine, at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, in a way that Mecopon (hereinafter “Mecopon”) 0.05 g of Mecopon to a coffee.
2. On March 31, 2017, the Defendant: (a) received KRW 1.50,00 from F, the purchase price of the philopon from H, upon request of F, the Defendant of the violation of the Narcotics Control Act due to trade mediation (fix) around 19:30,00; and (b) received KRW 1.50,00 from F, the purchase price of the philopon from F, and then delivered KRW 1.50,00 to H, a part of the daily injection for the philopon on the 19:55 on the same day; and (c) mediated the sale and purchase of the philopon by giving the flopon to H, a part of the philopon on the 19:55 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Records (1) of seizure and photographs of seized articles;
1. A written reply to each request for appraisal;
1. A report on investigation (calculated additional collection charges);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the text of the judgment and attachment of personal expropriation status);
1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes.