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(영문) 대구지방법원포항지원 2020.09.10 2020고단795
마약류관리에관한법률위반(향정)
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but not a person handling narcotics, but a person handling narcotics, etc., shall not sell or administer a psychotropic drug campopon (one camopon; hereinafter referred to as "copon").

1. On June 10, 2018, the Defendant purchased and sold philophones with a total of KRW 3.50,000 in cash 3,50,000 from C University located in Kimhae-si, Kim Jong-si, and with a total of KRW 1g of philophones from sexually French D, the Defendant purchased and sold philophones.

2. Medication of phiphones.

A. On June 2018, the Defendant committed a crime in mid-term 14:00 on June 6, 2018, administered phiphones by inserting approximately 0.1g of philophones into a single-use injection machine at the Defendant’s residence located in the north-gu E building F at Port, and dilution them with water and injection them into the bloodline.

B. On July 2018, the Defendant, on July 15, 2018, administered phiphones by inserting approximately 0.1g philopon into a single-use injection machine at the Defendant’s residence located in the north-gu E building F at Port at Port, and dilution with water, and administering philopon into the bloodline.

C. On August 9, 2018, the Defendant, around 14:00 on August 9, 2018, administered phiphones by inserting approximately 0.1g of philophones into a single-use injection machine at the Defendant’s residence located in the north-gu E buildingF at Port-si, and dilution them with water and injection them into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (436 pages, 464 pages);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the Selection of Punishment (Optional to Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Since the philophones subject to medication in the judgment of the proviso of Article 67 of the Act on the Management of Narcotics, Etc. are deemed to be by sale, it shall not be collected separately.

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