beta
(영문) 서울중앙지방법원 2015.03.26 2015고단640

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant treated psychotropic drugs-related Mepters (hereinafter referred to as “ponopon”) as follows:

1. On September 27, 2014, the Defendant received and delivered 0.5g phiphones from E hotel in Gangnam-gu Seoul Metropolitan Government D without compensation from F (G before the opening of the name; hereinafter the same shall apply).

2. Medication of phiphones.

A. A. Around September 2013, the Defendant, who administered philophones, dypon around September 2013, dyphophones in Gangnam-gu Seoul, with F, and dypon dypon.

Accordingly, the Defendant conspiredd with F to administer philophones.

B. On September 27, 2014, around September 27, 2014, the Defendant: (a) inserted approximately 0.1g of opphones received from F in the E hotel located in Gangnam-gu Seoul Metropolitan Government, as seen in the foregoing 1.C; (b) injected them into a single-use injection machine; and (c) injected them with water; and (d) injected approximately 0.05g of opphones into a single-use injection machine; and (c) injected them into one’s arms after being melted with water.

The Defendant continuously drank approximately 0.1g of opon in drinking water at the same place after the administration of oponon and approximately 20 minutes passed.

Accordingly, the Defendant conspiredd with F to administer philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A copy of the police investigation protocol concerning F; and

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, the choice of imprisonment with labor, and the choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for calculation of an additional collection charge under the proviso to Article 67 of the Act on the Management of Narcotics, Etc.: 450,000 won = Criminal facts2; and