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
Defendant is not a narcotics handler.
On August 24, 2018, the Defendant carried approximately 0.09g of Melopopon by placing approximately 0.09g of Melopon (one philopon; hereinafter referred to as “philopon”) a local mental drug, in the office of “D” located in the Busan East-gu C and 2nd floor, Busan. In a manner that puts approximately 0.09g of Melopon in a book-to-face column.
Summary of Evidence
1. Statement by the defendant in court;
1. Police seizure records and list of seizure;
1. Each investigation report (the sequence 6,8,10 of the evidence list);
1. Application of Acts and subordinate statutes on narcotics appraisal;
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
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. Reasons for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of recommended punishment] Medicationing and simple possession, etc., taking into account the following factors: (a) there is no person [a person who is subject to special sentencing] [a person who is sentenced for sentencing in 10 months to 2 years] in the basic area (10 months to 3 years); (b) there is no record of the same crime; (c) there is no record of the same crime; and (d) the quantity of philopon carried;