마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 1, 2018, at around 17:00, the Defendant provided the above D with a single-use injection device containing a single philoopon administered by E at the request of D, which calls for the Mesophically mental medicine (hereinafter referred to as “philoopon”).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the police against D or E;
1. Statement made by the police against D;
1. The application of Acts and subordinate statutes on narcotic appraisal, narcotic appraisal, text messages, text messages, details of sending, and monetary records;
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 Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] shall be set forth in the Disposition, taking full account of the following circumstances: (a) the Defendant’s age, sex, family relationship, frequency and quantity handling phiphones; (b) the circumstances following the instant crime; and (c) the circumstances following the instant crime.
Unfavorable circumstances: Narcotics-related crimes are crimes that cause degradation to individuals, families, and society as a whole, and require strict countermeasures.
The acceptance of philophones which are not simple medication or possession is a crime much larger social harm, such as the mass production of addicts.
The favorable circumstances: The defendant recognized the crime of this case and did not interfere with the same mistake.
Defendant has no record of being punished for the same kind of crime in the past.