마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
20,000 won shall be additionally collected from the defendant.
Punishment of the crime
[Criminal history] On July 21, 2016, the Defendant was sentenced to a suspended sentence of two years on July 29, 2016 for a violation of the Narcotics Control Act at the Busan District Court, and the judgment became final and conclusive on July 29, 2016.
[Criminal facts] The Defendant is not a narcotics handler
Nevertheless, on January 4, 2017, the Defendant sold to D approximately KRW 0.06g 20,000,000 to D, a local mental medicine, on the alleyway located in Busan-gu Busan-gu, Busan-do.
Summary of Evidence
1. Legal statement of the witness D;
1. Copy of each protocol concerning the examination of suspect of the police against D;
1. Communications data;
1. Application of Acts and subordinate statutes to each photograph (aD’s statement is consistent, specific, and not inconsistent with objective circumstances, D’s motive for administering Mepta, behavior after administration, time when D made a statement about the Defendant in the police, degree of statement in this court, and speech and behavior at the time when the Defendant is arrested, credibility is recognized in D’s statement in light of the following:
1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (or selection of imprisonment with prison labor);
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc. (one year to three years) in the area of aggravation (one year to three years) [the person subject to special aggravation] in the area of aggravation (the period of suspension of execution within three years] [the decision of sentence] in the previous conviction of the same case (the period of suspension of execution within three years] [the decision of sentence] in the circumstances leading to the criminal act of this case, the amount of sold philophonephones, and other various circumstances that form the conditions for sentencing as shown in the argument of this case, including the defendant's age and sexual behavior, the punishment shall be set as the order after being exceeded the lowest sentencing criteria.