마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
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
No person other than a narcotics handler shall administer or possess a psychotropic mental medicine.
Despite the fact that the Defendant is not a narcotics handler, the Defendant administered and tried to administer the Megatop cam (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows.
1. On July 10, 2016, the Defendant injected D Building 201 at Jinju-si, and approximately 0.03g of philopon into the Defendant’s residence, and injected it on the left hand part of the Defendant’s left hand.
2. On July 12, 2016, around 13:40 on July 12, 2016, the Defendant, who was parked in the parking lot of the above D building, was placed in the storage of 0.20g of a philopon from the ENs car owned by the Defendant, in the storage of the chief goods of the above vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Police seizure records;
1. A report on the results of the preliminary experiment on narcotics and a response to inquiries;
1. Previous convictions in judgment: The application of inquiry letter, personal acceptance status, and copy of the judgment;
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. 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Scope of punishment recommended according to sentencing standards;
(a) Class 1 crime (Offense of Violation of the Act on the Control of Narcotics, Etc. due to Medication) / [Scope of recommending punishment] / Simple possession, etc. of medication and simple possession, etc. < Amended by Act No. 3 (b) and (c) / 10 to 2 years);
(b) Class 2 crime (Offense of Violation of the Act on the Control of Narcotics, Etc. by Possession) / [Scope of Recommendation] / Medication, simple possession, etc. < Amended by Act No. 3 (b) and the basic area (3) / [Special Aggravationd Persons from October to 2] : The same type of crime (a suspended sentence of not more than 3 years) : the same type of crime (a suspended sentence of not more than 3 years);
(c)endend by aggravating multiple offenses.