마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal records] The defendant was sentenced to the Act on the Control of Narcotics, Etc. at Changwon District Court on February 27, 2008 and was sentenced to two years of suspended sentence of one year and two times of criminal records.
[Criminal facts] The Defendant is not a narcotics handler
On March 12, 2017, the Defendant received 0.05g mphere, a local mental medicine medicine, which was contained in the injection machine, from E, in front of the Dael parking lot located in Jinju City, from E, on a free basis, and on the same day, the Defendant administered once, around 22:30 on the same day, in a guest room on the 2nd floor number of the above Maure 2.30.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Police seizure records;
1. Each investigation report (as for taking photographs, such as seizure, on the upper line E specific and telephone conversations, on the report on the results of preliminary tests of urinald narcotics, on the results thereof (training), on the appraisal of urient narcotics, and on the calculation of additional collection charges-10,000 won);
1. Monthly trend of narcotics, etc. and transaction price thereof;
1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same criminal records Acts and subordinate statutes;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. - Unfavorable circumstances: Before the same kind of offense - positive circumstances: Social ties clear and serious reflectivity;