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
Defendant is not a narcotics handler.
On June 7, 2015, the Defendant administered approximately 0.03 grams of mert cam (one philopon) delivered by D at the C office located in Jinju-si B, Jinju-si, by melting them into aquatic water.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation (calculated additional collection charges);
1. Report on the results of preliminary tests for narcotics and the application of the relevant Acts and subordinate statutes on 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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Cooperation in important investigation (the scope of recommended punishment) on the medication (b) and (c) (special mitigation element) of narcotics, the scope of sentence recommended on the sentencing guidelines [the scope of sentence] shall be between six months and one year and six months;
2. Crimes related to narcotics, etc., which are determined to be sentenced, need to be strictly punished because they are seriously detrimental to the society due to toxicity of narcotics, etc. and are highly likely to harm the health and social safety of the people. However, the punishment as ordered by taking into account the following factors: (a) the Defendant reflects his/her criminal act; (b) the Defendant cooperates with the investigation by clarifying the merchant vessels that delivered narcotics to him/her to the investigation agency; and (c) the Defendant has no same criminal history and no criminal history to punish him/her; and (d) other favorable circumstances for the Defendant, such as the Defendant’s age and sexual behavior, and other various sentencing conditions