마약류관리에관한법률위반(향정)
Defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 1 or 2 shall be confiscated.
20,000 won from the defendant.
Punishment of the crime
On May 28, 2015, the Defendant was sentenced to imprisonment for eight months for a violation of the Narcotics Control Act in the appellate trial division of this court. The judgment became final and conclusive, and the execution of the sentence was completed on September 14, 2015 at the Busan detention center.
피고인은 법률에 따라 당국의 허가 나 지정을 받은 마약류 취급자가 아님에도 불구하고 아래와 같이 마약류에 속하는 향 정신성의약품인 메트 암페타민 [Methamphetamine, 일명 ‘ 필로폰(ヒロポン, Philopon)’, 이하 ‘ 필로폰’ 이라 한다] 을 취급하였다.
1. On February 11, 2017, the Defendant administered philophones by means of dilution approximately 0.07 g (one philophones; hereinafter “philophones”) with water, and injection them into arms, around February 11, 2017.
2. On February 17, 2017, the Defendant, in collusion with I, administered phiphones by inserting approximately 0.07g of philopon at the office located in the J of Kimhae-si on February 17, 2017, respectively, into two philopon in a one-time injection machine, and dilution with water in any of the following ways:
3. On February 20, 2017, the Defendant possessed a phiphone by inserting a plastic bag containing approximately 5.6mg of philopon in the front of the door of “ Busan Detention Center” located in the main sentence of Busan Seo-gu, Busan, on the basis of around 13:30 on February 20, 2017.
[In regard to this, the Defendant/Defense Counsel asserts that the amount of 5.6mg of philophones, which constitutes the facts charged, is so excessive that it cannot be viewed as possession, as it is ordinarily limited to 1/6 of 0.03g of 0.03g used for one-time medication.
However, it should be viewed that the content and content of a psychotropic drug containing Mespheroids constitutes a psychotropic mental drug under the Narcotics Control Act regardless of its content and content ratio (Supreme Court Decision 2007Da15488, May 2, 201).