마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Although the Defendant is not a narcotics handler, around 13:00 on October 1, 2017, the Defendant inserted approximately 0.03 grams of Metetop cher (one philopon; hereinafter “philopon”) which is a local mental medicine in Busan Dong-gu, Busan, into a single-use injection machine, and injected them into arms after dilution with raw water.
Accordingly, the Defendant administered philophones.
Summary of Evidence
1. Statement by the defendant in court;
1. Department related to the report of 112 cases;
1. A statement on narcotics appraisal and a statement on narcotics appraisal;
1. Report on investigation (Report on the calculation of additional collection charges), the Supreme Prosecutors' Office and publication thereof; November 2017; and the application of Acts and subordinate statutes to one copy of an extracting part of the transaction price of narcotics among monthly trends of narcotics;
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as follows in consideration of the following circumstances.
D. Unfavorable circumstances: The defendant has been sentenced to the suspension of the execution of imprisonment for the same crime in 2014 but has been sentenced to the same crime: The defendant voluntarily surrenders, the frequency of medication is limited to one time, and other circumstances after the crime are committed: the age, environment and circumstances of the defendant.