마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for three years.
Seized 3.25 grams (No. 1), 3.73 grams (No. 2), and 3.73 grams (No. 2);
Punishment of the crime
Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Mept Apoptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:
1. On October 27, 2015, the Defendant purchased phiphones from the Defendant’s non-personal phone numbering around 01:00 on October 27, 2015, at the seat of the D hotel in the territory of the Philippines, the Defendant purchased approximately 11.5g of phiphones from the Defendant’s non-personal phone numbering around 06:0 on the same day at the seat room of the D hotel No. 302 of the said D hotel around 06:0 on the same day.
The indictment was instituted.
According to the “Report on Detection of 13.33 grams of Mepters of the Philippines” (Evidence List No. 5), the Defendant made a statement to the effect that the Defendant was found to have imported 13.33 grams of Handphones, and the Defendant was investigated as a suspected charge of importing 13.3g Handphones, and that “the Defendant purchased 13.3g Handphones” in the prosecutor’s investigation.
Accordingly, according to the evidence adopted and examined by this court, the amount of the penphones seized by the defendant is merely 1.35 grams, and the defendant appears to have imported the remainder after administering 0.15g ( =0.05g x 3 times) in the Philippines for three times following the purchase of the penphones. The evidence submitted by the prosecutor alone is insufficient to prove that the amount of the penphones purchased by the defendant is either seized as above or exceeds 11.5g ( =1.35g 0.15g) in total of the administered penphones.
Therefore, we decide to correct the facts charged ex officio as above.
A. A. B. purchase this.
2. On October 27, 2015, the Defendant of the philophone medication: (a) around 07:00 on October 27, 2015, at the guest room of D hotel No. 302 in the territory of the Philippines, the Defendant: (b) opened approximately 0.05g of the philophone on a gambling ground; and (c) opened the bottom of the philophone by heating the philophone into the string; and (d) used as soon as the smoke from the philophone melting the philophone.