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Reasons
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(영문) 서울중앙지방법원 2016.07.21 2016고단1102
마약류관리에관한법률위반(향정)
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1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. 40,000 won shall be collected from the defendant and the additional collection charge shall be collected.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On September 1, 2015, around 16:00, the Defendant administered philophones by means of injecting approximately 0.05 grams with Ecomher in Gwangju Mine-gu from 508 and F together with 0.05g philophones for one-time arms.

2. On January 10, 2016, around 22:00, the Defendant administered phiphones by means of injecting approximately 0.05g of philopon to each one’s own arms using a single-use injection device, from H nearby Busan Jin-gu G, with F.

3. A. On February 24, 2016, the Defendant: (a) purchased a penphone on the alleyway near the I apartment house in Busan, the Defendant paid KRW 200,000 in cash to J; and (b) purchased a penphone with approximately 0.1g of a penphone.

B. On February 24, 2016, the Defendant was stopped on the road near Busan K Hospital.

In MP vehicle, approximately 0.05g of philophones purchased like the above A, were administered in a way of injecting them into arms using a disposable injection device.

(c)

On February 25, 2016, at around 14:00, the Defendant administered chophones by means of injection with approximately 0.05g of chophones purchased like the foregoing paragraph (A) using a one-time injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each investigation report (the sequence 14, 18, 20 of the evidence list) and accompanying documents;

1. Application of each narcotic appraisal report, each request for appraisal, and the applicable Acts and subordinate statutes;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and the Selection of Imprisonment, 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. Collection; and

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