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(영문) 서울중앙지방법원 2016.08.18 2016고단4534
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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. 피고인은 2015. 2. 하순 12:00 경 부천시 원미구에 있는 주택가에서 인터넷 사이트 검색을 통해 알게 된 성명 불상의 판매 자로부터 필로폰 불상량을 샘플 명목으로 수수한 뒤, 위 필로폰을 손바닥에 올려 놓고 혀로 핥아먹는 방법으로 투약하였다.

2. On August 15, 2015, the Defendant discovered philophones non-sopon in the house of Gangseo-gu Seoul Metropolitan Government Budio 304 C at the home of Gangseo-gu Seoul Metropolitan Government, and administered them by the method of sponing them to the coffee.

3. On December 6, 2015, the Defendant: (a) transferred KRW 700,000 of the purchase price of a penphone to the seller of a penphone, which he/she became aware of through the search of the Internet site; and (b) purchased a penphone by means of bringing about 0.5g of a penphone, which the seller concealed under the seat of Seocho-gu Seoul Metropolitan Government D.

4. On December 6, 2015, the Defendant, at the guest room in Gangseo-gu Seoul Metropolitan Government “Fel” located in Gangseo-gu, Seoul on December 6, 2015, administered in a way that the Defendant injecteds the furphones into water in a single-use injection machine and in melting them into water.

5. On December 7, 2015, the Defendant, at around 10:00, administered the philophones purchased from the above “Fel” room by inserting them into a single-use injection machine and melting them into water.

6. On December 8, 2015, at around 23:00, the Defendant administered the buphones purchased in Gwanak-gu in Seoul Special Metropolitan City by inserting the buphones in a single-use injection machine and melting them into water.

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. Written appraisal of each narcotics (defensive, seized, and hair);

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

1. Relevant provisions of the Act concerning facts constituting an offense;

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