마약류관리에관한법률위반(향정)
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
However, as to Defendant B, this shall not apply.
Punishment of the crime
Defendant
On October 15, 2014, A was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on October 15, 2014, and the execution of the sentence was terminated on March 9, 2015.
Defendants are not narcotics handlers.
1. At around 00:30 on March 15, 2015, Defendant A administered approximately 0.1g of psychotropic drugs, which are psychotropic drugs received without compensation from Gmoto 1003, located in Gangseo-gu Seoul Metropolitan Government F, by drinking in drinking water.
2. At around 00:30 on March 15, 2015, Defendant B administered 0.1g of philopon, which was delivered from a person under whose name was in Gangseo-gu Seoul Metropolitan Government F, in a way of drinking to a coffee.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each protocol of seizure;
1. Each request for appraisal;
1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to judgments, etc. of the same kind as a suspect A), application of Acts and subordinate statutes concerning personal identification and confinement status;
1. Defendants: Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment with prison labor
1. Defendant A among repeated crimes: Article 35 of the Criminal Act;
1. Defendant B: Article 62 (1) of the Criminal Act;
1. Probation and community service order Defendant B: Article 62-2 of the Criminal Act;
1. Defendants: The main sentence of Article 67 of the Narcotics Control Act
1. The Defendants: Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.
1. Defendant A
A. From 1 to 3 years of imprisonment with prison labor for a range of recommended sentences on the sentencing guidelines (a.g., drug crime group, medication simple possession, etc.)
Items c) and c.
(i)the area of aggravation (special aggravation: the same previous area with a stay of less than three years);
B. The Defendant, who was sentenced to a sentence, had had the past history of serving several times of punishment, and was punished for the same kind of crime and did not go against the completion of the execution of the sentence. In addition, the instant crime is committed.