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
The Defendant, who is not a person handling narcotics, did not trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, administer, or provide, the psychotropic drugs (i.e., a single-name philophone; hereinafter referred to as “philophone”). However, the Defendant traded and administered philophones as follows.
1. Sale and purchase of phiphones;
A. At around 17:00 on August 2, 2016, the Defendant: (a) received KRW 200,000 in cash from F upon receipt of the request for purchase of Handphones from E; and (b) sold 0.2 gram of Handphones.
B. On August 11, 2016, the Defendant received KRW 300,000 in cash from E upon receipt of a written request for purchase of opon, and sold approximately 0.2 gram of opon, in the same place as the preceding paragraph.
2. Medication of phiphones.
A. On July 2016, the Defendant 22:00 to 24:00, the Defendant administered opphones by inserting approximately 0.05 g opphones in the dwelling area of Singu G and the Defendant’s dwelling area in 101, and inserting approximately 0.05 gopphones as soon as possible.
B. From around 22:00 to 24:00 on July 2016, the Defendant administered approximately 0.05 gramphones in the same place as that set forth in the preceding paragraph, and in the same manner as that set forth in the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the police examination protocol (second time) (third time) of the F; and
1. Statement of the police statement of E;
1. Each explanatory note;
1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are to recognize the facts of crime and to repent the wrong facts.
The circumstances are recognized that the record of criminal punishment is not confirmed.
On the other hand, the defendant has serious health problems.