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(영문) 의정부지방법원 2017.11.29 2017고단4777
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

203,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (comforcing) at the District Court of the Republic of Korea on April 13, 2017, and completed the execution of the said sentence at the Government Prison on July 9, 2017.

Criminal facts

The Defendant, who is not a person dealing with narcotics, was unable to handle camphophones (one philophone, hereinafter “philophones”), a local mental medicine, but administered clophones over two occasions as follows, and smoked marijuana once.

1. Medication of phiphones;

A. On October 2017, 2017, the Defendant administered philophones once by inserting approximately 0.07 gal-phones (two-time slots) in a single-use injection machine, which were in possession of philophones (two-time slots) delivered from D without compensation, into a single-use injection machine, and dilution them with water, and in injection into the Defendant’s arms bloodline.

B. On October 15, 2017, the Defendant, at the same place as above, injected approximately 0.07 gramphones remaining after the medication as above, into a single-use injection machine and dilution with water, and administered phiphones once by means of injecting them into the Defendant’s arms blood cells.

2. On October 14, 2017, the Defendant smoked marijuana in a “F” park located in Ma at Li Government-si at Li Government. The Defendant smoked marijuana in a way of smoking in a way of smoking by attaching the string to the marijuana tobacco produced by the former wildlife the leaves of the hemp, which he acquired from the said wild, in a way of smoking in a way of smoking with the string in a tobacco paper.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure by the police;

1. Each written appraisal;

1. Investigation report (calculated of an additional collection charge against a suspect A);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (suspect A's latest previous convictions and confirmation), and personal confinement status;

1. Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Article 60 subparag. 3(b) of the same Act, Article 61 subparag. 4(1) and Article 3 subparag. 10(a) of the same Act, and Article 61 subparag. 4(1)4(a) of the same Act, and Article 3 subparag. 10(a) of the same Act, respectively.

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