beta
(영문) 서울북부지방법원 2018.10.12 2018고단1995

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Narcotics Control Act (fluence) - On December 2, 2017, the Defendant: (a) around 22:00 on the first-come-served date, and around 22:00, at C bus end points in Gangseo-gu Seoul Metropolitan Government, the Defendant: (b) obtained approximately KRW 800,000 in cash to D; and (c) approximately 0.5 g of mert cloids (fluorphones; hereinafter referred to as “fluorlphones”) which are local mental drugs contained in vinyl.

Accordingly, the defendant purchased and sold philophones.

2. Violation of the Narcotics Control Act (flavoring) - around 11:00 on December 16, 2017, the Defendant injected approximately 0.03g of philophones traded as above into a single-use injection unit and injected them into the part of the Defendant’s arms, in around December 16, 2017.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in the protocol concerning the examination of the accused by the prosecution;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as ordered in consideration of the fact that the defendant has been punished several times for the same kind of crime, the amount and frequency of penphones handled by the defendant, the age, sex, conduct, intelligence and environment of the defendant, motives, means and results of the crime, circumstances after the crime, etc.