마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant is not a narcotics handler.
No person, other than a narcotics handler, shall possess, possess, use, import, administer, administer, deliver, receive, trade, etc. a psychotropic drug or psychotropic drug clocks (hereinafter referred to as a "clopon"; hereinafter the same shall apply).
On February 2, 2020, the Defendant administered philophones by melting approximately 0.03 g of philophones into water in Goyang-si building B, Goyang-si, Goyang-si, Goyang-si, and 0.03g of philophones, and administered philophones by dilutioning them with water at approximately three days after the said date with water at least 0.03g of philophones in the above B building C, and then administering philophones by means of injection with philophones using a single-use injection device.
Summary of Evidence
1. Application of Acts and subordinate statutes of one copy of a monthly trend of narcotics, etc. to the defendant's legal statement, protocol of seizure, list of seizure, list of narcotics, etc. (scopon training) and list of narcotics;
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall not have any record of punishment for the crime of narcotics;
It seems to be a contingent crime.
In addition to these circumstances, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions prescribed by Article 51 of the Criminal Act, including the age, character and conduct, environment, family relationship, motive and circumstances after the crime, etc.
On July 2017, the Defendant received approximately 0.06 g of philophones, which are contained in vinyl packaging, from D, in the mutual infinite-dong, and received philophones from D without compensation.
2. Although the Defendant made a confession of the above facts charged in the investigative agency and the court, there is no evidence to reinforce the confession, and the investigative agency collected the confession from the Defendant on March 26, 2020.