마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than two months.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
The Defendant, at the Jeonju District Court on December 6, 2018, sentenced two years and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and was not a person who was finally determined on April 16, 2019, and was not a person handling narcotics.
On June 4, 2018, at around 02:45, the Defendant sold approximately 0.05g of psychotropic drugs to C in cash in a single-use injection machine with approximately 0.05g of psychotropic drugs.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning suspect interrogation of C;
1. Investigation report (suspects and A telephone conversationss and locations of base stations);
1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment), investigation reports (Attachment to the Supreme Court rulings related to subsequent concurrent crimes), and the application of statutes;
1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Selection and Management of Narcotics, Etc., and Selection of Imprisonment with labor for a crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. Scope of applicable sentences under law: One month to ten years of imprisonment;
2. Scope of the recommended sentence according to the sentencing criteria (decision of type): 02. Sale, purchase, mediation, etc. (Type 2) marijuana and perfutation;
Items c) and c.
There is no [special person in charge of punishment] [the area of recommendation and the scope of recommendation] basic area, one year to two years (general person in charge of punishment) of imprisonment [the grounds for suspension of execution of sentence]
3. Determination of sentence: A sentence that is lower than the recommended sentence set in the sentencing guidelines shall be imposed, taking into consideration the following: (a) the fact that the Defendant acknowledges and reflects the offense; (b) the amount of phiphonephone sold by the Defendant; and (c) the fact that the instant crime ought to take into account the balance between the offense of violation of the Narcotics Control Act and the ex post facto concurrent crimes