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(영문) 광주지방법원 2019.08.09 2019고단2414
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

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., a single philopon; hereinafter “philopon”), as follows:

1. Purchase and delivery and receipt of penphones;

A. On January 7, 2019, around 20:15, the Defendant purchased 5 vehicles from K5 vehicles operated in the vicinity C located in Sacheon-si, Sacheon-si, with approximately 0.68 grams from D, one injection device containing approximately 0.68 grams from D in an influence amount.

B. On April 19, 2019, at around 12:00, the Defendant purchased a philopon in a way to cover KRW 100,000,000 in cash, from the F car parked in the E neighboring area located in Jinju-si, and from F a philopon containing approximately 0.2g of philopon.

C. At around 19:00 on May 17, 2019, the Defendant received philophones from the chairer in front of H convenience points located G in Sacheon-si, in a way that he gives and receives philophones to I free of charge, containing approximately 0.05 g of philophones.

2. Medication of phiphones.

A. At around 22:00 on January 7, 2019, the Defendant administered phiphones by inserting approximately 0.05g philophones into a single-use injection machine, dilution with water, and injection into the Defendant’s arms.

B. On June 18, 2019, around 21:00, the Defendant administered philophones by inserting approximately 0.05g philophones into a single-use injection machine, dilution with water, and injection with the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police as to I;

1. Each police statement of D (including copies thereof);

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts (the purchase, delivery, and medication of each penphone);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso of Article 67 of the Narcotics Control Act;

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