마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
On April 25, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act in the Busan District Court on April 25, 2014 and completed the execution of the sentence in the Daegu Prison on February 19, 2015, on three occasions the same criminal records are more than three times.
Criminal facts
Despite the fact that the Defendant is not a narcotics handler, on March 28, 2016, received approximately 0.05 grams from E, in front of the D cafeteria located in the Geum-gu Busan Metropolitan City, for free, a Mesophically mental medicine, from E, and administered approximately 0.05 grams of the Mesophical phone in the manner of dilution at the Defendant’s dwelling located in the same Gu F at the same time on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. A written appraisal;
1. Report on investigation (related to the claim for an additional collection charge and collection preservation order);
1. Previous convictions: Inquiry into criminal history, current status of personal confinement, and application of each statute of the judgment;
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] Medicationing, simple possession, etc. of the types of three types (one year to three years) (one year to three years) in the area of aggravation (one year to three years) [the person subject to special aggravated punishment] previous conviction (the decision to suspend execution within three years) [the decision to suspend execution within three years] as a crime during the period of the same type of repeated crime, the sentence of punishment shall be inevitable.
However, considering the fact that the punishment is a simple one-time medication case and the health of the defendant is very poor, the punishment shall be determined and the legal detention shall not be imposed for the same reason.