마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 1 shall be confiscated.
20,000 won from the defendant.
Punishment of the crime
[Criminal Power] On December 2, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 2, 2016, and completed the execution of the sentence on November 24, 2017.
【Criminal Facts】
The defendant is not a person handling narcotics.
1. Medication of phiphones;
A. On July 1, 2018, around 19:00 to 21:00, the Defendant administered chophones by inserting approximately 0.03 g of psychotropic drugs in a single-use injection machine (one-name clopon; hereinafter referred to as hereinafter referred to as chophones), and chographing them into the left part of the blood.
B. On November 13, 2018, around 19:50, the Defendant injected approximately 0.03g of philopon from the male toilet at the first floor of the E Hospital located in Busan Jin-gu, Busan, for a single-time injection machine, and administered it in the above manner.
2. On November 13, 2018, the Defendant: (a) around 21:50, the Defendant: (b) put 0.06g of philopon in a paper bag in front of Gangseo-gu Busan, Gangseo-gu, Busan; and (c) carried it in a way of keeping it in a paper bag.
Summary of Evidence
1. Defendant's legal statement;
1. Each police seizure record and the list of seizure;
1. Notification of the results of legal and chemical appraisal, notification of the results of legal and chemical appraisal, narcotics appraisal report, narcotics appraisal report, and narcotics appraisal report;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment for confirmation of repeated crime period);
1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and the choice of punishment for each crime, as well as each of the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Narcotics Control Act;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [the scope of recommending punishment], medication, simple possession, etc. shall be subject to the aggravation of multiple crimes (one year to three years) in the area of aggravation (one year to three years) of the Act on the Control of Narcotics, etc.