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(영문) 서울중앙지방법원 2019.02.14 2018고단7284
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On May 26, 2013, the Defendant: (a) decided to purchase writingphones from B; (b) transferred KRW 3.50,000 to the D bank account under the name of C used by B with the purchase price for writingphones in E in the name of E; and (c) received approximately 0.4 g of the penphones contained in B in the trade name non-commercial officetel located in the Kuyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Accordingly, the defendant purchased approximately 0.4g 3.50 million won from B.

2. On December 25, 2013, the Defendant: (a) decided to purchase writingphones from B; (b) transferred KRW 4.50,000 to the post office account in the name of C used by B with the purchase price for writingphones; and (c) received approximately KRW 0.8 gh from B, which is contained in B at the G party branch located in Ansan-si F, Annyang-si.

Accordingly, the defendant purchased approximately 0.8g 450,000 won from B.

3. On January 1, 2014, the Defendant received approximately 0.4g of philopon from J in front of the I Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul.

4. On July 10, 2018, the Defendant: (a) put his residence in the Seocho-gu Seoul Metropolitan Government K Building and L, which is a single injection machine; (b) dilution with water; and (c) injected phiphones by means of injection to the Defendant’s arms blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the J's statement);

1. Protocol of each prosecutor's statement concerning B (including J's statement);

1. Notification of the results of each legal chemical appraisal;

1. Application of statutes on details of financial transactions;

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. Aggravation for concurrent crimes;

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