마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
Seized evidence 2 shall be confiscated.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
On February 9, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act by this court for ten months, and completed the execution of the sentence in the Ansan Prison on October 20, 2017. Notwithstanding that the Defendant was not a narcotics handler, the Defendant treated narcotics as follows:
1. Around 01:00 on January 17, 2018, the Defendant administered a phiphone in a manner that put approximately 0.03g of mephones (one philophone, hereinafter “philophones”) into a meconium located in the Gandong-gu Busan Metropolitan City, and put about 0.03g of philophones into a meconium (one philophone; hereinafter “philophone”).
2. On January 17, 2018, the Defendant possessed a phiphone in a way that he/she puts approximately 0.05 g of phiphone into a paper tag at C police station ( Busan D) type office at around 04:15, in a way that he/she puts approximately 0.05 g of phiphone into a paper tag.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols of seizure and list of seizure, each photograph and image output, investigation report (timely 11), price list of narcotics, and appraisal report;
1. Previous convictions indicated in the judgment: Inquiry about criminal history, results of the search of prisoners, report on investigation (at least nine times a year), and application of the text of the judgment;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)
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. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc.