마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 1 shall be confiscated.
10,000 won from the defendant.
Punishment of the crime
The Defendant, who is not a narcotics handler, shall not sell, deliver, or administer psychotropic drugs, Mesophopon (hereinafter referred to as “coponon”; hereinafter referred to as “copon”).
1. At around 17:00 on February 2, 2019, the Defendant received philophones from C without compensation and received 0.05 g of philophones contained in the one-time injection machine at C’s dwelling in Gyeyang-gu Incheon Metropolitan City.
2. At around 18:00 on Feb. 2, 2019, the Defendant administered philophones by inserting water into a single-use injection instrument that contains approximately 0.05g of philophones delivered by C in the Defendant’s D vehicle parked in front of the residence of C as described in the foregoing paragraph (1), and then in injection into his own arms.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of the police statement concerning C;
1. Records of seizure and the list of seizure, photographs of seized articles, investigation reports (30 points of seizure for a disposable 30 days discovered in a suspect's vehicle), site seizure photographs, reports on requests for appraisal, and reports on narcotics appraisal;
1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);
1. Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment)
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 Act on the Management of Confiscated Narcotics;
1. 10,000 won for a single medication on a penphone under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Violation of the Act on the Control of Narcotics, etc. (Determination of Types 1); 01. Medication, simple possession, etc. (Type 3) of narcotics;
Items c) and c.
The elements of aggravation (special punishment): the same criminal records (not less than three years of suspension of execution).