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 this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is not a person handling narcotics, and thus, shall not possess, use, transport, administer, administer, trade, assist in the trade of, give or receive, or deliver, a psychotropic drug, a psychotropic drug, or a psychotropic drug, (hereinafter referred to as “clopon”).
On June 10, 2010, the Defendant: 21:15, the Defendant: (a) parked in front of the D cafeteria in E’s SM5 car, (b) opened cash of KRW 1.70,000 from E in the name of purchase of philopon; and (c) sold 1.7g of philopon to E (3.5g of philopon) with five philopon.
Summary of Evidence
1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;
1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and the selection of a sentence for the crime;
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. Probation 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. [Scope of Punishment] 10 years or less (Scope of Recommendation ] Trading and good offices, etc.: One year - two years of imprisonment (reasons for suspension of execution of sentence]; and
1. Reasons for general participation: A person who has no serious reflective relation and has been subject to suspended execution of not less than twice;
2. Selection of a stay of execution: Since the above reasons are not both criteria for the suspension of execution and recommendation of a sentence, it shall be comprehensively compared and evaluated (decision of a sentence ] The defendant's attitude after the crime of this case is bad, such as that the defendant does not reflect the crime of this case. However, the defendant has no record of criminal punishment for the same kind of crime, and the defendant has no record of criminal punishment, and the defendant has to suspend the execution of imprisonment on condition of probation and community service.