마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. The Defendant committed the crime of July 17, 2015: (a) around July 17, 2015, at E’s accommodation located in Kimpo-si C (State)D around the night of July 17, 2015, 1.1.1 million won for E, and psychotropic drugs mixed with psychotropic drugs, such as Metropers and carpers, (b) 20% for E, and psychotropic drugs (hereinafter referred to as “one-time Memba”; and (c) around 23:30 of the same day, she dived with water at the Defendant’s accommodation located in Kimpo-si F (State)G.
Accordingly, even if the defendant is not a person handling narcotics, he traded a psychotropic drug, and administered it.
2. Around 08:00 on July 18, 2015, the Defendant, who committed the crime on July 18, 2015, used the Defendant at the Defendant’s accommodation as stated in paragraph 1, with water.
Accordingly, even if the defendant is not a person handling narcotics, he administered a psychotropic drug.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of each protocol of examination of suspect to prosecution E;
1. The application of Acts and subordinate statutes, such as a written request for appraisal, a written report on narcotics appraisal (74 pages of investigation records);
1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of quantity, frequency of medication, etc.);
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Basic sphere of crimes 1 (Determination of Types): Imprisonment with prison labor for one year or two years;
2. Basic area of Type 3 (Determination of the recommended area): Imprisonment with prison labor for not less than 10 months nor more than 2 years.
3. The result of aggravating multiple offenses (1/2 of the upper limit of crimes No. 2) by multiple offenses: One year to three years: Imprisonment.
4. One year of imprisonment with prison labor and two years of suspended sentence; and