마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
Defendant is not a narcotics handler.
1. The Defendant, along with C, purchased a psychotropic drug Mampacule (i.e., a single-name clopon; hereinafter referred to as “copon”). On August 19, 2015, the Defendant decided to purchase a copon from D by phone to purchase the copon, and C filled up KRW 400,000 in cash with the purchase price of the copon.
On August 19, 2015, at around 15:00, the Defendant and C moved the SM3 car driven by the Defendant to the F convenience store located in Daegu Dong-gu, Daegu, and thereafter, C is waiting within the said car, and the Defendant, after getting off from the car and waiting in the front of the above convenience store, 40,000 won in cash received from C with the purchase price for opon, and 0.27 g from D with the opon.
Accordingly, the Defendant conspired with C to purchase philophones.
2. At around 15:30 on August 19, 2015, the Defendant put about approximately 0.05g of philophones purchased from D in a single-use injection machine and dilution them into the Defendant’s arms, and administered philophones by means of injection into the Defendant’s arms.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of the protocol concerning the examination of suspect C; and
1. Copy of the police statement concerning G;
1. A narcotics appraisal statement;
1. Details of each currency;
1. Reporting on an investigation (calculated additionally), and the application of Acts and subordinate statutes governing monthly trends of narcotics;
1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. There is no type 1 crime for the reason of sentencing under the proviso (1) of Article 67 of the Act on the Control of Narcotics, etc. (1.0,000 won for a single medication), 3 basic areas (10,000 won) (2) of the Act on the Control of Narcotics, etc. (1.0,000 won for a single medication), including medication, simple possession, etc.