beta
(영문) 서울중앙지방법원 2018.11.29 2018고단6017

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 2 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

[Criminal history] On January 25, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Seoul Central District Court on January 25, 2018 and completed the execution of the sentence on September 2, 2018.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metepopty (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows.

1. On September 9, 2018, the Defendant: (a) on September 9, 2018, 2018, 100,000 won in the nameless male who became aware of SNS through SNS was fluored with the name of philophone purchase price; and (b) on the philophone, 0.1g of philophones contained in the one-time injection machine from the above male.

Accordingly, the Defendant purchased approximately KRW 0.1g 0.1g from a man with no name, and purchased approximately KRW 100,00.

2. On September 10, 2018, the Defendant: (a) inserted approximately 0.05g of phiphonephones purchased from men with no name, into a single-use injection machine; (b) dilution with water; and (c) administered phiphones by means of injection to the Defendant’s arms blood cells.

3. On September 10, 2018, the Defendant kept approximately 0.02g of philophonephones contained in the disposable injection machine in a block located at the F new store located in Dongdaemun-gu Seoul Metropolitan Government E, around 14:37.

Accordingly, the defendant possessed approximately 0.02g philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Records of seizure (21 pages of investigation records) and list of seizure (22 pages of the same Act);

1. Application of Acts and subordinate statutes to each investigation report (a reply to a reply of the results of appraisal by the National Scientific Investigation Institute on the part of the accused, reply to the results of appraisal by the National Scientific Investigation Institute on the maternity of suspects);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.