마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment with prison labor for up to six months.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
Defendant is not a narcotics handler.
On December 16, 2015, at around 23:00, the Defendant, at the Defendant’s house located in Pyeongtaek-si C, added approximately 0.07g of Meet amba (one philopopon; hereinafter “philopon”), a local mental medicine, into the Defendant’s right arms by using a disposable injection device.
Accordingly, the Defendant administered philophones.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols of seizure and list of seizure by the police;
1. A statement on narcotics appraisal;
1. A report on an investigation (calculated additionally), and the application of statutes governing trends in narcotics prices;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;
1. Selection of imprisonment with prison labor chosen;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Three types (one year to three years) of the aggravated area (one year to three years) of the sentencing guidelines (the scope of the recommended punishment), medication, simple possession, etc. (the period of suspension of execution within three years) and the previous offense (the period of suspension of execution within three years);
2. The criminal defendant who was sentenced on November 25, 2015 was sentenced to a suspended sentence of 8 months for the same criminal facts in this court on November 25, 2015 and administered phiphones again during the grace period, the criminal liability of the defendant is heavy and the risk of recidivism is also high, and a strict punishment is required.
However, in consideration of the fact that the defendant reflects his mistake, the frequency of medication is limited to one time, the fact that there is no record of the same punishment besides the above suspension of execution, and other circumstances shown in the record, such as the defendant's age, sex, family environment, etc., the sentence of a punishment lower than the lower limit of the punishment for recommendation is to be imposed.