마약류관리에관한법률위반(향정)
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Although the Defendant is not a narcotics handler, on March 14, 2015, around 09:30, the Defendant administered 0.03g of psychotropic drugs by dilution them into coffee at the Defendant’s house located at the close door of smuggling C. < Amended by Presidential Decree No. 25074, Mar. 14, 2015>
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Records of seizure and the list of seizure;
1. Each report on investigation;
1. Application of Acts and subordinate statutes governing requests for appraisal;
1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., the Selection of Fines for the Crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed the instant crime again during the period of repeated crime for the same kind of crime; and (b) the Defendant committed several times of the same power, etc.; (c) there is a significant need to strictly punish the Defendant; (d) on the other hand, the Defendant led to the instant crime; (c) the Defendant is committing the instant crime; (d) the number of times the Defendant administered narcotics is only one time; (d) the Defendant was hospitalized in the National Busan Hospital from March 2015 to treat narcotics addiction; and (e) the Defendant expressed that the Defendant is actively receiving drug treatment and the intention in charge may take into account the possibility of congested; and (e) under such circumstances, the sentence may have a negative impact on the Defendant’s sentence, and thus, it seems reasonable to proceed with hospital treatment like the current state.