마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 20, 2015, at around 22:00, the Defendant: (a) 303 in Jung-gu Incheon, Jung-gu C in Incheon, and (b) Dogphone 0.05g from E, and (c) 20:00 following the day, the Defendant injected the penphone received from the toilet in Jung-gu Incheon, Jung-gu, Incheon, with water, into a single-use injection machine; and (b) injected it into the Defendant’s arms.
Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the police statement made to E;
1. Application of the Acts and subordinate statutes of a narcotics appraisal report (93 pages of investigation records);
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 Prevention of Criminal Facts and the Selection of Punishment (the receipt of phiphones and the provision of medication);
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 (it shall take into account the favorable circumstances among the reasons for sentencing as follows);
1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Scope of punishment: From January to 15 years;
2. Class 3 (Special Sentencing) mitigated element for a crime subject to the sentencing guidelines (the point of administering scopon medication) / scopon medication, simple possession, etc. (the type of a scopon medication) / [Special Sentencing Person] mitigated element for a specific reason (the scope of the recommended territory) where special circumstances exist for the participation in the crime or motive for the crime / [the scope of the recommended territory] mitigated scope, crimes (the point of receiving scopon) committed between June and January 1, and 2 (the point of receiving scopon receipt) [the type] mitigated element for the sale and purchase of narcotics (the math, b. (c) and item (c) etc.) mitigated element for a specific reason for taking into account the participation in the crime or motive for the crime: Purchase or acceptance [the scope of the recommended area] for the mere possession of drugs, April 1 through June 6.
3. Results of aggravation of multiple offenses: Six months to two years.
4. The circumstances specified below in the decisions of sentence; and