마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Defendant is not a narcotics handler.
1. On September 2, 2016, the Defendant, at a C golf club located in the second basement of Seocho-gu Seoul, Seocho-gu, Seoul, with a tobacco locking up to a large volume (one-time projected portion) of the marc clocks (hereinafter referred to as “clocks”), which is a local mental medicine drug located therein, and carried the tobacco locking up to October 6, 2016.
2. Around October 6, 2016, the Defendant administered the foregoing D’s car parked near F in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with a certain amount of penphone on a coffee.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of G to the prosecution;
1. A statement on narcotics appraisal;
1. A report on investigation (calculated additionally charge), and the application of Acts and subordinate statutes governing monthly trends of narcotics;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 10688, Feb. 3, 2008) is to suspend the execution of imprisonment and to order protection and observation in order to prevent recidivism in the following circumstances: (a) the basic area (from October to February 2008) of the types of the 3 types of drugs (amended by Presidential Decree No. 20348, Feb. 23, 2008) (amended by Presidential Decree No. 20106
O Narcotics-related crimes can cause serious adverse effects on the defendant himself/herself, his/her family, and society as a whole, and require strict countermeasures in terms of the risk of recidivism.
O The defendant has been punished twice for the same crime, but it seems that he did not commit the same crime for a considerable period thereafter, and endeavored to stop.