마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional charges.
Punishment of the crime
[criminal history] On April 6, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act in the Suwon District Court’s Eunpyeong District Court’s Housing Site Board, and completed the execution of the sentence on January 22, 2018.
[Criminal facts] The Defendant is not a narcotics handler
1. On March 27, 2018, the Defendant accepted approximately 0.1g of philopon, which is a philopon, from F, in the E-wing vehicle parked in the vicinity of D elementary school located in Pyeongtaek-si C, around 23:00, and received from F without compensation.
2. On March 28, 2018, the Defendant administered philophones by means of dilutioning approximately 0.1g of philophones delivered at the Defendant’s home located in Pyeongtaek-si G apartment 106 dong 602 at around 01:00, as prescribed in paragraph 1, into clophones, and injection them into divers.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the protocol concerning the examination of suspect with respect to F; and
1. Adverse reaction test;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
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. The proviso to Article 67 of the Narcotics Control Act;
1. Crimes 1 for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendations] Class 3 (b) and simple possession, etc. of medication and simple possession, etc. (c) of the basic area (10 months to 2 years of imprisonment) [the person subject to special mitigation] / Sale and brokerage, etc. of two types (the scope of recommendations, marijuana, native b) mitigated areas (1 year to 3 years of suspension of execution) [the scope of punishment] mitigated areas (8 months to 1 year and 6 months of imprisonment] [the person subject to special mitigation (the person subject to special mitigation)], purchase or acceptance for medication and simple possession, etc., / the person subject to important cooperation in investigation / the same kind (within three years of imprisonment within the period of suspension of execution within three years)].