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(영문) 의정부지방법원 2012.11.29 2012고단2367
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

4.150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on August 25, 201, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the enforcement of the sentence on February 22, 2012, is not a person who handles narcotics, etc.

1. On August 2012, the Defendant: (a) requested C to seek psychotropic drugs-related Mescoptypists (i.e., a single philopon; hereinafter referred to as “philopon”); (b) delivered the Mescopon to E, who received cash worth KRW 2 million from C in a vehicle, and (c) delivered the Mesopon to E, who was waiting within the said vehicle with approximately five grams of Handlopon from E, and (d) reported to C, who was waiting within the said vehicle.

Accordingly, the defendant assisted the trade of philophones between C and E.

2. At around 15:00 on the same day as paragraph 1, the Defendant received approximately 0.1g of the penphones as described in paragraph 1 within C’s car parked in the vicinity of a mutually unreal estate brokerage office located in the Seoul Gwangjin-gu Seoul Special Metropolitan City.

3. The Defendant administered psychotropic drugs on September 16, 2012, and 0.1g of oponon on a toilet at the funeral of Songpa-gu Seoul Metropolitan City G Hospital on September 16, 2012, and dacton on a opon coffee, such as paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the market price of the Mesphere;

1. A narcotics appraisal statement;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of written judgments), and application of Acts and subordinate statutes concerning the status of confinement of individuals;

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Control of Narcotics, Etc. (referring to psychotropic drug trading, brokerage of transaction, giving and receiving, and administering, respectively) concerning facts constituting an offense, and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Grounds for the calculation of additional collection charges: 4.150,000 won = The transaction volume of penphones as stated in the first crime;

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