마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional collection.
Punishment of the crime
[Criminal history] On November 7, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on November 7, 2014 and completed the execution of the sentence on December 16, 2015.
[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:
1. On May 23, 2016, the Defendant, at the C coffee shop located in Busan, Busan, on May 23, 2016, delivered to D a single floppopon, one floppopon (one philophone; hereinafter “philoopon”) approximately 0.07 g of a local mental medicine, to D without compensation.
2. At around 13:20 on May 30, 2016, the Defendant: (a) provided D with a single-use injection device containing approximately 0.05 g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, at the same place as above, the Defendant provided D with a single-use injection device without compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused by the prosecution (two times);
1. Copy of each protocol concerning the examination of suspect of the police against D;
1. Statement protocol of the police;
1. An investigation report (including evidence attached thereto, each time for 4, 6, 7, and each time);
1. Previous convictions: Inquiry about criminal history and application of the defendant's legal statement statutes;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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 proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);
1. Crimes No. 1 for reasons of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendations] Class 2 for the aggravated area (one year and six months to four years), such as trading, arranging, etc. (the scope of punishment), / [the scope of punishment recommended] Class 2 for the same type of previous offense (the scope of punishment for the same year and not more than three years of suspended execution).