마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
[Criminal Records] On July 29, 2009, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court.
[2] Notwithstanding the fact that the Defendant is not a handler of narcotics, the Defendant administered narcotics, etc. in a way that, around 05:00 on May 8, 2016, in the Defendant’s residence located in Changwon-si, Changwon-si, a member of Changwon-si, with approximately 0.05g of Mesofta (hereinafter “diphone”), which is a local mental medicine that was granted free of charge by E, put approximately 0.05g in a single-use injection machine, and dilution them into water, and then injecting them into arms.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Copy of the second examination protocol concerning E;
1. Investigation report (the result of a detailed appraisal by a lawsuit, the result of an appraisal by a maternity), narcotics appraisal report, and a drilling report;
1. Investigative report (physically administered part and cellular phoneF message photograph);
1. Seizure records;
1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);
1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc., and there is no person [the person who is subject to special sentencing] in the basic area (10 months to 2 years) [the decision of sentence] [the defendant has the record of being punished for the same kind of crime in 2009] [the decision of sentence] again committed the crime of this case despite the fact that the defendant had the record of being punished for the same crime in 209, it seems that the defendant's test result of the defendant's scopphone training, etc., and the defendant's sopphone addiction seems not to be weak, and the defendant is sentenced to imprisonment with prison labor in consideration
Provided, That all circumstances such as the defendant's time to commit a crime, the age, environment, health, occupation, family relationship, etc. of the defendant shall be considered.