마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 3 shall be confiscated.
20,000 won from the defendant.
Punishment of the crime
On April 7, 2016, the Defendant was sentenced to 6 months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on April 7, 2016 and was punished seven times of the past record.
The defendant is not a person handling narcotics.
1. At around 01:00 on March 27, 2020, the Defendant: (a) inserted approximately 0.05 grams of Metepopa (one philopopon; hereinafter “philopon”), a psychotropic drug that was dried by D, in a single-use injection machine; and (b) injected a philopon in a way of injecting it into arms.
2. At around 10:00 on March 29, 2020, the Defendant administered approximately 0.05g oponphones received from D at the places indicated in the foregoing paragraph (1) in the same manner as described in the foregoing paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A copy of each protocol concerning suspect examination of D;
1. Each seizure record of the police and each seizure list;
1. A written appraisal of narcotics (the appraisal of the injection equipment, the appraisal of urine narcotics, and the appraisal of hairs);
1. Each investigation report (as of March 27, 27 - the specific relation date of the crime - the suspect, D currency details, the scophophones using cophophones, and the calculation of additional collection charges) shall be applied.
1. Article 60 (1) 2 of the Act on the Control of Narcotics, Etc. and Article 4 (1) 1 of the same Act and subparagraph 3 (b) of Article 2 of the same Article (Selection of Imprisonment) of the Act on the Control of Narcotics, Etc.;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Narcotics Control Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crimes related to narcotics, even though having been sentenced seven times or more as a crime related to narcotics, and the crimes in this case are likely to be committed again.
A favorable circumstances: the defendant is willing not to take narcotics again in order to be born immediately between the Vietnamese' wife and the defendant's confession.
As above, the circumstances and age of the defendant who are not reasonable to the defendant;