마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten 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
No person, other than a narcotics handler, shall trade, assist in the trade of, give or receive, possess, possess, use, manage, prepare, administer, administer, or provide any clopon (one copon (one copon; hereinafter referred to as "copon") which is a local mental medicine.
1. Notwithstanding the fact that the Defendant is not a handler of philophone, the Defendant administered the philophone medication in the manner of injecting the Defendant’s vehicle parked in Gumi-si B around January 26, 2018, by dilutioning 0.04g of philophones purchased through the Internet from the sales volume of narcotics with no identification of the name of the Defendant, into a single-use injection machine.
2. Despite the fact that the Defendant was not a narcotics handler, on January 29, 2018, the Defendant: (a) purchased from a note selling narcotics, whose name is unknown as described in paragraph (1), and administered them, and then put them in a plastic bag No. 1.3g of 1.3g of sylphone into a plastic bag; and (b) laid them on a cremation box.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Response to a request for appraisal;
1. Application of the Acts and subordinate statutes to photographs and photographs of seized articles taken at the arrest site;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Application of the sentencing criteria;
(a) Crimes of violation of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] 3 types (b) including medication and simple possession, etc., and there is no basic area (10 months to 2 years) (the person subject to special sentencing) / [the person subject to special sentencing];
B. Ten months to three years from the application of the standards for handling multiple crimes (the administration of basic criminals).