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(영문) 서울남부지방법원 2016.08.24 2016고단3053
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

2,850,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metrophographs (one philophone, hereinafter “philophones”) as follows.

1. The Defendant, at around 21:40 on April 6, 2016, remitted KRW 8.60,00 to C upon request of the Defendant for the purchase of penphones. At around 23:00 on the same day, C received plastic bags containing approximately two grams from F on the front side of the E elementary school located in Gangnam-gu Seoul, Gangnam-gu, and paid KRW 8.50,000 in return, and around that time, the Defendant purchased the above penphones from C.

2. Sale of Handphones;

A. On April 6, 2016, the Defendant received KRW 1 million from G in return for the purchase of phiphones from G, and around 23:30 on the same day, issued a disposable injection device containing approximately 0.5g phiphones to G in the G car parked in the vicinity of Gangnam-gu Seoul, Seoul, and issued a disposable injection device containing approximately 0.5g of phiphones to G in the vicinity of the E passenger car parked in Gangnam-gu, Seoul, on April 7, 2016.

B. On May 1, 2016, the Defendant received KRW 1,00,000 from G in return for the purchase of phiphones, and on the same day, issued a disposable injection device containing approximately 0.8g of phiphones to G in the vicinity of the I branch located in Gangnam-gu Seoul Metropolitan Government H.

3. Medication of phiphones.

A. On April 7, 2016, the Defendant: (a) inserted approximately 0.1g of phiphones into a single-use injection machine at the K’s residence in Gangnam-gu Seoul Gangnam-gu, Seoul; and (b) injected C in a way that allows C to injection into the Defendant’s arms.

B. On April 26, 2016, the Defendant: (a) inserted approximately 0.1g of clophone into a single-use injection machine at the residence of the above K; and (b) injected C in a way that allows C to injecting the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Copy of each protocol concerning the examination of suspect C by the police;

1. The investigation report;

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