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(영문) 대전지방법원 서산지원 2017.02.10 2016고단905
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Defendant is not a narcotics handler.

1. On September 2015, the Defendant purchased approximately 0.7g 40,000 g of Melopon from Melopon C to purchase and sell Melopon, which is a local mental medicine, from B neighboring Melopon in Songpa-gu Seoul around the first night of September 2015, and sold Melopon.

2. On September 2015, 2015, the Defendant: (a) sold philophonephones purchased from the Moelel with the trade name near D Station located in the Bupyeong-gu Incheon Metropolitan City around 17:00 on the same day to E; (b) sold approximately 0.7g of 100,000 won for 40,000 won as described in paragraph 1; and (c) took approximately 0.03g of philophones from the above E at the same time, at the same place, and dices them into melt.

Accordingly, the Defendant traded, accepted, and administered philophones.

3. On December 2015, 2015, at a place where the Defendant’s domicile at the time near Jin-si, Jin-si, at the latest night on December 2015, the Defendant: (a) dried up about 0.03g of philopon from G within the FTblopon car operated by him; (b) dried up about 0.03g of philopon at the Defendant’s house located in J in J in J in the same day; and (c) dilutioned 0.03g of philopon into a single-use copon; and (d) dried into a bloodline.

Accordingly, the defendant accepted and administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol of interrogation of each police officer in relation to E or G;

1. Application of Acts and subordinate statutes to a report on investigation (calculated additional collection charges and a report on market inspection);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: upon the request of E; and

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