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Reasons
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(영문) 수원지방법원 2015.10.29 2015고단1971
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Medication of phiphones;

A. On April 23, 2015, at around 23:30, the Defendant administered 0.05g opphones in public toilets near the Seoul Gwangjin-gu Seoul Special Metropolitan City CD convenience stores, and injected them in a way that the Defendant injected them into the Defendant’s arms.

B. At around 00:00 on May 1, 2015, the Defendant administered F’s house located in Seodaemun-gu Seoul, Seodaemun-gu, by inserting 0.03g of phiphone into a single-use injection machine, dilution with biocom, and dilution with Defendant’s arms.

C. At around 16:00 on May 1, 2015, the Defendant: (a) inserted 0.03glopon in the male toilet at the vocational school in front of GH in Gwangjin-gu Seoul Special Metropolitan City for a single-time injection; (b) injected it with the Defendant’s right-hand arms and injected it into the Defendant’s blood transfusion.

2. At around 15:30 on May 1, 2015, the Defendant: (a) received two disposable injection equipment in front of the D convenience store located in Gwangjin-gu Seoul Special Metropolitan City; (b) from I to J, at the request of J, “I 1.41g phi-phone and receive KRW 1.2 million for phi-phone.” On May 2, 2015, the Defendant 1,200,000 from J, 1,200,000 won for 1,20,000 phi-phone from J and 1.41g for phi-phones.

Accordingly, the defendant sold philophones in collusion with I.

3. At around 00:05 on May 2, 2015, the Defendant, holding a one of the multiple-use guards, which contain 0.1g phiphones, was placed in the Defendant’s left part, in a way that they are stored in the Defendant’s left part, on the front of the 21-6 foreign exchange bank in Seoyang-dong, Gwangjin-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Witness I;

1. Statement to J police officers;

1. Six copies of each protocol of seizure, list of seizure, and photograph;

1. Written appraisal of narcotics;

1. Determination as to the issue of the investigation report (the calculation of the surcharge) (whether it is an illegal naval investigation).

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