마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten months.
The seized Mepters 1.67g (No. 4) shall be confiscated.
Punishment of the crime
[Criminal history] On December 7, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Eastern District Court on December 7, 2016, and completed the execution of the sentence on October 20, 2017.
[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:
1. On May 4, 2018, at around 22:00, the Defendant put approximately 0.2g of Metepopa (i.e., one philopon; hereinafter referred to as “philopon”) a part-time injection machine, which is a local mental medicine, in the Nam-gu Incheon Metropolitan City, into a part-time injection room, and injected a philopon with water, and administered it by means of injecting it into a part-time injection.
2. On May 5, 2018, at around 10:40, the Defendant carried a phiphone in a way that keeps plastic bags containing approximately 1.75g of philopon in the d 402 heading room, which is the above place.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. The records of seizure of each police and photographs of each seized article;
1. Each investigation report (the details, etc. of the self-denunciation, the background of seizure, calculation of the additional collection charge, and the country and response to A hair);
1. A written appraisal of each drug;
1. Previous convictions in judgment: Inquiry about criminal history, application of each investigation report (a copy of the same criminal record as the suspect, and current status of personal confinement);
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. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc. due to the medication of heavy spphones];
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
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. Scope of the recommended sentences according to the sentencing criteria;
(a) crimes of Category 1 and 2 (the administration and possession of phiphonephones);