beta
(영문) 서울중앙지방법원 2016.08.11 2016고단2187

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 4 shall be confiscated.

215,200 won from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (copon, hereinafter “copon”) which is a local mental medicine as follows.

1. On March 29, 2016, the Defendant: (a) remitted KRW 2.250,000 to the Agricultural Cooperative (E) No. 19:23, Seodaemun-gu, Seodaemun-gu, to the cash payment machine near C Station; and (b) received the amount of phiphone from a person whose name he/she was unable to know the name on which he/she was on the part of the Plaintiff.

Accordingly, the defendant purchased philophones.

2. Medication of phiphones.

A. On March 29, 2016, around 21:00, the Defendant injected phiphones into water in the guest room near the Seocho-gu Seoul Seocho-gu Seoul F Station by melting them into water in a disposable injection machine.

Accordingly, the Defendant administered philophones.

B. On March 30, 2016, the Defendant: (a) laid a philophone in the guest room near the Seocho-gu Seoul Metropolitan Government Fel basin into water in a single-use injection machine; and (b) laid down the crophone into water.

Accordingly, the Defendant administered philophones.

(c)

On April 3, 2016, the Defendant, at H hotel Nos. 508 located in Jung-gu Seoul Metropolitan Government G, injected phiphones into water in a one-time injection unit.

Accordingly, the Defendant administered philophones.

3. The defendant holding a phiphones above 2.C.

At the time and place of the subsection, approximately 2.08g Handphones were stored in the bank and the lawsuit was filed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (related to a reply to the National Institute of Science) and a reply to an appraisal attached thereto;

1. Additional response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Confiscation Article 48(1)1 of the Criminal Act, and the Narcotics Control Act.