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Reasons
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(영문) 대전지방법원 홍성지원 2019.10.15 2019고단570
마약류관리에관한법률위반(향정)
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The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. At around 22:00 on March 18, 2019, the Defendant paid KRW 600,000 in cash to D in the price from a Moelel where the trade name near C located in Seojin-gu Seoul Metropolitan Area B is unknown, and purchased a penphone with a white paper containing approximately 2.5 g of a penphone.

2. Medication of phiphones.

A. At around 23:00 on March 18, 2019, the Defendant administered 0.05 g of philophones purchased from a Moel with the trade name described in paragraph (1), as described in paragraph (1), in a manner of drinking water, using approximately 0.05 g of philophones purchased.

B. At around 01:00 on August 18, 2019, the Defendant administered phiphonephones by hanging approximately 0.05 g opphones from the Defendant’s room located in the third floor of “F” located in the Gwangju Mine-gu E, Gwangju, by drinking water.

C. At around 19:00 on August 22, 2019, the Defendant administered phiphones by means of throwing away approximately 0.05 g of phiphones from the room of the above Defendant.

3. At around 18:20 on August 26, 2019, the Defendant: (a) kept vinyl bags containing approximately 0.05 ghonphones from the Defendant’s room as indicated in paragraph (b) of Article 2-2, by inserting them in the west; (b) holding a phiphone in a way that, around 18:30 on the same day, the Defendant was parked in the front of the “F” as indicated in paragraph (b) of Article 2-2 by keeping one philophone in a quantity of philophones that cannot be known within the “F”.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Written appraisal of narcotics;

1. Search, seizure and photograph of seized articles;

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

1. Article 60 (1) 2, Article 4 (1) 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;

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:

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