마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than eight months.
30,000 won shall be additionally collected from the defendant.
Punishment of the crime
On October 1, 2009, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on October 1, 2009 and completed the execution of the sentence on January 2, 2010.
In order to purchase psychotropic drugs, the Defendant asked D to purchase Handphones (i.e., “philopon”, hereinafter referred to as “philopon”), and respondeded to this request, D has arranged to E, who is a philopon sales book, and D has to purchase philops by means of searching a philopon in the name of the Defendant when the Defendant informs the Defendant of the location where philopon is hidden.
On February 2, 2012, the Defendant: (a) placed 300,000 won of philophones under the "F Hospital of Yeonsu-gu Incheon Metropolitan City", and purchased philophones by means of taking approximately 0.5g of philophones, which are contained in a disposable injection device E hidden on the spot.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Copies of the suspect examination protocol of the police No. 2 and 3 times with regard to D;
1. The third interrogation protocol of the police officer regarding E:
1. A investigation report (A, D telephone details), investigation report (verification of prices of narcotics, etc. for cancer transactions);
1. Previous convictions: Inquiries, investigative reports (verification of the date of release), application of Acts and subordinate statutes to criminal records of the same kind of crime (Attachment of judgment attached to the A);
1. Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201) concerning criminal facts
1. Article 35 of the Criminal Act among repeated crimes;
1. The Defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (hereinafter “Act on the Control of Narcotics, etc.”) is deemed to have led to the confession of all the criminal facts of this case, and to reflect in depth his mistake. The crime of this case is merely
However, the defendant is under the period of repeated crime due to the same crime.