마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
Despite the fact that the Defendant is not a narcotics handler, around August 10, 2017, the Defendant administered a phiphone in the manner of driving approximately 0.03 g of Mephones (one philophone; hereinafter “philophones”) in D hotel 609, located in Busan Dong-gu, Busan, with approximately 0.03 glopon, which is a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A written request for investigation;
1. Police seizure records;
1. A statement on narcotics appraisal;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. The relevant Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and the selection of a sentence to imprisonment;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a one-time medication) [the scope of recommending punishment] Class 3 (B. c.) in the area of aggravation of medication, simple possession, etc. (1 to 3 years), [1 to 3 years] in the same class (not more than 3 years of suspended sentence], the defendant was sentenced to a suspended sentence for 1 year on December 15, 2016 after having been sentenced to a two-year suspension of sentence for a violation of the Narcotics Control Act at the Busan District Court on December 23, 2016 (based on a one-time medication) and the suspended sentence becomes final and conclusive, and in particular, in order to eradicate narcotics crimes that cause serious mental harm to the people's physical health, it is necessary to punish other persons to be subject to strict punishment, but it is not necessary to actively make a statement from an investigative agency to the extent that he/she was exposed to an investigation agency, but to a false confession.
From the stage of investigation, it appears to recognize the fact of crime and reflect it, and the simple medication is made at least once, and it is late.