마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1 shall be confiscated.
200,000 won shall be additionally collected from the defendant.
Punishment of the crime
No person other than a narcotics handler shall possess or administer a psychotropic mental medicine.
Despite the fact that the Defendant is not a narcotics handler, he possessed and administered the Metropha (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows:
1. On May 2016, the Defendant posted approximately 0.30 g of philopon in the front line of the Defendant’s dwelling in the front line Kimhae-si, the Defendant left the front line in the front line of the Defendant’s dwelling.
2. On May 2016, the Defendant injected approximately 0.08g of oponon from the E-cargo of the Defendant parked in the official market located in Kimhae-si, Kimhae-si, to the left part of the Defendant, and administered the Defendant’s left part.
3. On October 21, 2016, around 22:00, the Defendant administered G telephones No. 705 at Gelon F at Kimhae-si, in the same manner as paragraph 2, approximately 0.08g of philophones.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A H statement;
1. Each protocol of seizure;
1. A written appraisal of each drug;
1. Each photograph;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
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. under the relevant Act on criminal facts;
1. Selection of each sentence of 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. Reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. for Confiscation and Additional Collection [the scope of the recommended punishment] - There is no person [the scope of the final sentence following the increase of multiple offenses] [the scope of the final sentence following the increase of multiple offenses] - Basic matters taken into account in October through March 3, 199] - The course and method of committing the offense, the quantity of the printed penphones, the frequency of medication, etc. - Unfavorable circumstances: The history and method of committing the offense; the amount of the printed penphones, the number of times of medication, etc. - the record of criminal punishment for the same kind of offense is one time more favorable: Imprisonment with prison labor for a confession and rebuttal; ten months;