마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than three months.
600,000 won shall be additionally collected from the defendant.
Punishment of the crime
[Criminal Records] On June 9, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon method Board, and the said judgment became final and conclusive on September 9, 2016.
[Criminal facts] The Defendant is not a narcotics handler
No person other than a narcotics handler shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, assist in trade of, or provide narcotics or psychotropic drugs.
1. On November 2015, the Defendant purchased approximately 0.8g of cash for 300,000 won from E, in the vicinity of a park where the name near D station located in Guro-gu Seoul Metropolitan City, is unknown, among the mid-term November 2015, the Defendant purchased the Mesophopon from E in the amount of KRW 21:0-22:00.
2. On November 2015, the Defendant purchased approximately KRW 0.8g of Mesophopon, a 300,000,000, in cash, from the date specified in the foregoing paragraph (1) to November 2015, 2015, the name near the D station located in Guro-gu Seoul Metropolitan Government, where it is impossible to identify the name near the D station, the Defendant purchased KRW 21:0-22:0,00 from the date specified in the foregoing paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Each investigation report (the monetary details and additional collection charge);
1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;
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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is equal to cases where the defendant is punished concurrently with the crime of repeatedly purchasing phiphones, the counter-infinites, the self-definites, and the crime of violation of the Act on the Control of Narcotics, Etc. as indicated in the judgment below.