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Reasons
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(영문) 수원지방법원 안양지원 2015.09.25 2015고단1132
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 19:00 on July 29, 2015, the Defendant purchased a penphone with approximately 600,000 won on the street in front of the “D” located in Young-gu, Young-si, Young-si, and approximately 1.4g of the clopon (the “one copon”; hereinafter referred to as the “phiopon”).

2. On July 29, 2015, the Defendant: (a) received KRW 500,000 from F in front of the “D” above; and (b) sold 0.7 gramphones contained in the disposable injection machine.

3. Around 03:00 on August 2, 2015, the Defendant, within H vehicles parked on the street in front of the residence of F located in Young-gu, Young-gu, G, for one-time use, dilution of approximately 0.1g of philopon purchased from E and then injected once by means of injecting the left part of the vehicle.

4. Around 20:00 on August 3, 2015, the Defendant injected approximately 0.1g of philophonephones purchased and held from the above H in the front parking lot of 1306 G, which was parked in light of the foregoing H, once, into a single-use injection machine and then injected into his left part.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. A copy of a protocol of suspect examination of the police against F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a report on preliminary tests of narcotics);

1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (hereafter referred to as the “Narcotic Drugs Control Act”) concerning facts constituting an offense, and the selection of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Narcotics Control Act (600,000 won for purchase);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offense.

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