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
1. Receipt and delivery of Metracules (one philopon; hereinafter referred to as “philopon”);
A. On January 26, 2015, at around 23:55, the Defendant received free of charge a delivery for one gram-phone (0.1g gram) from D from “C singing room” operated by the Defendant in Nam-gu Incheon Metropolitan City, Nam-gu.
B. On July 2015, the Defendant received approximately 0.1g of philophones, which were 02:00 at the end of the end of 02:00, from E, for a single-use fluor.
Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.
2. Medication of phiphones.
A. On January 27, 2015, the Defendant drank approximately 0.1g of philopon received from D at the above place on January 27, 2015, in the can cans, and drank.
B. On December 26, 2015, the Defendant drank approximately 0.1g of oponon from E at the above place on December 26, 2015, in the can can, so, breath.
Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the statement made by the police against D, or of the protocol for suspect examination of the police against E;
1. A written appraisal of each drug;
1. Application of Acts and subordinate statutes to a investigation report (verification of the market price of mert cancer patients and calculation of additional collection charges);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment (the receipt of phiphones, the fact of medication, and the selection of punishment by imprisonment);
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 62(1) of the Criminal Act on the suspension of execution (it shall take into account the circumstances specified in the following grounds for sentencing):
1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of punishment: Imprisonment with prison labor for one month to 15 years;
2. Basic crimes applicable to the sentencing criteria and concurrent crimes (a determination of types) of narcotics shall be held for administration and simple possession.