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
Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metropha (the Mesophopopopon; hereinafter referred to as the “Mesophopon”) which is a local mental medicine as follows.
1. On September 2016, the Defendant: (a) received 80,000 won in cash from E in return for the purchase of phiphones from Suwon-si, Suwon-si, the Defendant: (b) purchased 1.2g of the philophones, which was saved through a nameless box (F), from E, and traded 1.2g of the philophones, to E.
2. On September 26, 2016, the Defendant: (a) near G located in the same Dong around the beginning of the day on September 26, 2016, 1.2 million won in cash in return for the purchase of philopon from E; (b) moved to D in the same Dong and purchased 1.8g of philopon from E via the above nameless winner.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each police suspect interrogation protocol regarding E;
1. (E) Application of statutes; and
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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
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 suspended execution;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection [the evidence seized shall not be confiscated because it is difficult to view the defendant as being provided to a crime in his/her daily cell phone as a mobile phone];
1. The scope of punishment by law: Imprisonment for not more than 15 years;
2. Application of the sentencing criteria;
(a) Determination of types: Class 2, such as narcotics crimes, trade mediation, etc. (b) ;
B. There is no special sentencing factor:
(c) Scope of recommendations: Basic area, one year to two years; and
3. Crimes related to narcotics, etc. determined to be sentenced, shall be harmful to individuals, families, and society as a whole.