마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
3.50,000 won shall be additionally collected from the defendant.
Punishment of the crime
Even if the Defendant is not a person handling narcotics, the Defendant traded, administered, and possessed psychotropic drugs-related Mesofts (one philophone, hereinafter referred to as “philophones”), as follows:
1. On June 21, 2016, the Defendant sold philophones by receiving and delivering approximately KRW 0.2 grams of 0.2 gramphones in cash from the outlet No. 5 located in Gwanak-gu in Seoul Special Metropolitan City, to E at KRW 150,000,000.
2. Medication of phiphones.
A. On June 21, 2016, the Defendant, around 19:00, administered approximately 0.05g of philopon on the first floor toilets of commercial buildings located in Dongjak-gu Seoul Metropolitan Government, with a single-use injection device, using a single-use injection device, in a way that the Defendant injecteds approximately 0.05g of philopon into the blood cells of the Defendant.
B. On July 4, 2016, at around 16:00, the Defendant injected approximately 0.05g of philopon from the scopon toilet in Dongjak-gu Seoul Metropolitan Government, by means of injecting it into the Defendant’s arms with a single-use injection device.
3. At around 16:20 on July 4, 2016, the Defendant possessed a phiphone in a way that, at the time of being arrested by police officers belonging to the Gyeongginam Provincial Police Agency in front of the Dongjak-gu Seoul Metropolitan Government, he/she kept a single philophone in a way that he/she contains one philophone 0.62g of the Defendant’s Australia money.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of a protocol of police interrogation regarding E;
1. A list of seizure and a protocol of seizure;
1. The application of Acts and subordinate statutes governing requests for appraisal;
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., concerning the relevant 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. Scope of recommendations according to the sentencing criteria;
(a) Type 2 (marijus, natives (b), (c) and (d), etc.) such as sales, good offices, etc.;