마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
Even if the Defendant is not a narcotics handler, he handled the Metropha (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:
1. On March 19, 2018, the Defendant injected a philophone in a "C hospital" male toilet located in Gyeonggi-si, Namyang-si, Gyeonggi-si, with approximately 0.07g grophone in a single-use injection instrument, and used the crophone rapidly, and then administered the crophone in his left part.
2. On March 19, 2018, around 15:35, the Defendant: (a) carried phiphones in “E District” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and carried them by dividing them into three types of phiphones 0.28g and placing them in his hand bags.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols of police seizure and list of seizure;
1. A report on investigation (in addition to a response to a request for appraisal with the State);
1. A report on investigation (to attach a report on investigation and a response to a request for appraisal by a State);
1. An investigation report (a response to a request for appraisal with a State);
1. Application of Acts and subordinate statutes on cancer transactions;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
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. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as ordered in consideration of the fact that the defendant has been punished several times for the same kind of crime, the amount and frequency of penphones handled by the defendant, the age, sex, conduct, intelligence and environment of the defendant, the motive, means and consequence of the crime, the circumstances after the crime, etc.