마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not less than one year and six months.
20,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Punishment of the crime
[Criminal Power] On January 25, 2018, the Defendant sentenced 2 years and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan High Court on January 25, 2018, and completed the execution of the sentence at the port prison on January 23, 2019.
【Criminal Facts】
1. Around 14:00 on December 26, 2019, the Defendant, who was not a person handling narcotics, issued a note 0.05 g of the Mepta (hereinafter referred to as “Mepphone”) to B and C of Ulsan-gun, U.S., U.S., and D, although it was not a person handling narcotics.
2. The Defendant, at the time and place specified in paragraph (1), injected approximately 0.05 g of philophones into a injection machine, dilution them with water purifiers, and injected them into the arms.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D (second time);
1. A copy of the investigation report (to be substituted by the date, time and place of the crime);
1. Investigation report (calculated on additional charges), and monthly trend of narcotics;
1. Each one copy of a written request for appraisal;
1. Records of judgment: Criminal history records, investigation reports (verification of the date of final release from office and attachment of the copy of the relevant judgment), personal identification status, application of statutes of judgment;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning the facts constituting an offense (the delivery of phiphones and the points of administration);
1. Selection of each sentence of imprisonment;
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. Reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (one hundred thousand won per single delivery);
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) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;
Items c) and c.
He/she shall be subject to aggravated punishment (special person under imprisonment for a period of not more than three years): the area of aggravated punishment (the area of recommendation and the scope of recommended punishment) of the same criminal records (not less than three years of suspension of execution).