마약류관리에관한법률위반(향정)
1. The defendant shall be punished by imprisonment with prison labor for a year and two months;
2. 40,000 won shall be collected from the defendant and the additional collection charge shall be collected.
Punishment of the crime
Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.
1. On September 1, 2015, around 16:00, the Defendant administered philophones by means of injecting approximately 0.05 grams with Ecomher in Gwangju Mine-gu from 508 and F together with 0.05g philophones for one-time arms.
2. On January 10, 2016, around 22:00, the Defendant administered phiphones by means of injecting approximately 0.05g of philopon to each one’s own arms using a single-use injection device, from H nearby Busan Jin-gu G, with F.
3. A. On February 24, 2016, the Defendant: (a) purchased a penphone on the alleyway near the I apartment house in Busan, the Defendant paid KRW 200,000 in cash to J; and (b) purchased a penphone with approximately 0.1g of a penphone.
B. On February 24, 2016, the Defendant was stopped on the road near Busan K Hospital.
In MP vehicle, approximately 0.05g of philophones purchased like the above A, were administered in a way of injecting them into arms using a disposable injection device.
(c)
On February 25, 2016, at around 14:00, the Defendant administered chophones by means of injection with approximately 0.05g of chophones purchased like the foregoing paragraph (A) using a one-time injection device.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Each investigation report (the sequence 14, 18, 20 of the evidence list) and accompanying documents;
1. Application of each narcotic appraisal report, each request for appraisal, and the applicable Acts and subordinate statutes;
1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime, 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, respectively;
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. Collection; and