마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
Seized evidence 1 or 2 shall be confiscated.
Punishment of the crime
[Criminal Power] On January 12, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on January 12, 2018, and was sentenced to one year and three months on February 14, 2019 and was punished for the same crime nine times more in addition to the completion of the execution of the sentence in the net prison
【Criminal Facts】
On March 15, 2019, at around 10:25, the Defendant, even though not a person handling narcotics, carried a phiphone by dividing approximately 0.61g of Meteca (one penphone; hereinafter “Handphone”) from the outdoor parking lot of the first floor of the Cmate in Busan East-gu, Busan, into two for a single-time-time-use-use-use-use-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police and prosecutorial examination of the accused;
1. Records of seizure and the list of seizure;
1. Investigation report (the No. 15 of the evidence list);
1. Previous convictions in judgment: Criminal records, current status of personal confinement, and application of respective statutes of judgment;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of recommending sentence] 3 types of medication, simple possession, etc. (one year to three years) [the person under special jurisdiction] / [the decision of sentencing not more than three years] / within the scope of the above sentencing guidelines / [the decision of sentencing] / within the scope of the above sentencing guidelines / the defendant has the same records as the above Sentencing, and the defendant has committed another crime related to narcotics again within the short period after being released, and the amount of philopon, which has been held to have committed another crime related to narcotics again within the short period of time after being released, is significant, and the defendant's age, character and conduct, and environment are not administered or sold, and the conditions for sentencing of this case, such as the punishment of this case, shall be determined as ordered