마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten 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
1. On February 2015, the Defendant: (a) 100,000 won was fested to E in front of the oil station located in the Nam-gu Incheon Metropolitan City, Nam-gu, at the night near the first or second order of February 2015, and (b) 0.15 g of the mecopic clopic clopic copic coppopic copic copic copic coppopic copic copic coppopic copic coppopic coppopic copic coppopic copic copic copic copic copic copic copic copic copic copic copic copic c
Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones, which are a local mental medicine.
2. On March 2015, the Defendant: (a) took approximately 0.15g philopon from E in the Defendant’s residence located in the Nam-gu Incheon Metropolitan City, Nam-gu at night on March 1, 2015, and injected it into the Defendant’s arms by inserting it into a single-use injection machine; and (b) dilution it with water.
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. Statement protocol by the police for E;
1. Application of Acts and subordinate statutes on investigation reports (related to the price of cancer transactions and collection of narcotics);
1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, and the choice of imprisonment with prison labor, respectively;
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 on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
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. Application of the sentencing criteria;
(a) Basic crimes and concurrent crimes with 1: Three-month or two years from 10 months to 2 years, including the medication of phiphones (a determination of type), medication of narcotics, mere possession, etc. (b) and (c) [the scope of the recommended punishment];
(b) Concurrent crimes No. 2: Sale and purchase of phiphones (a type of decision) and assistance, etc. in the trade of phiphones.