마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for a term of one year and four months.
Seized evidence No. 4, 5, or 7 shall be confiscated.
50,000 won from the defendant.
Punishment of the crime
Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.
1. Sale of philophones;
A. On April 20, 2018, the Defendant received approximately KRW 100,000 from D at the Defendant’s house located in Seo-gu Busan, Seo-gu, and sold 0.06g philophones.
B. On April 24, 2018, around 13:00, the Defendant received KRW 100,000 from D at the above place, and sold 0.06g philophones, thereby selling philophones.
(c)
On April 30, 2018, the Defendant sold 0.35g philophonephones to D, subject to the Defendant’s failure to repay KRW 250,000,000 from D at the above place.
2. Around October 14, 2018, the Defendant administered philophones by inserting the volume of philophones into a single injection machine at the Defendant’s home located in Seo-gu Busan, and melting them into water.
3. From October 11, 2018, around 13:57 on October 13:57, 2018, the Defendant, holding phiphones, contained approximately 0.25g of philophones in front of the Defendant’s house located in Seo-gu Busan Metropolitan City, in the Defendant’s house.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol (including the part concerning the statement of D), D, and the protocol of interrogation of the suspect to the prosecution against the accused;
1. Statement made by each prosecutor to the prosecution with regard to D;
1. Currency details;
1. A protocol of seizure and a list of seizure;
1. Responses to each request for appraisal, replys to the request for identification of the detained suspect's identification code;
1. Application of Acts and subordinate statutes concerning a criminal investigation report;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;
1. Collection of narcotics;