마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
Punishment of the crime
[criminal history] On June 5, 2015, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and on January 22, 2016, the Defendant had the same kind of power more than four times in addition to the completion of the execution of the sentence at the port prison.
[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:
1. On July 9, 2016, around 22:00, the Defendant administered narcotics by inserting approximately 0.07 glopon (i.e., “one philopon” hereinafter), which is a local mental medicine, into a single-use injection machine, and dilution them into a body, at around 103 amblopon located in Busan Dong-gu, Busan.
2. On July 11, 2016, the Defendant administered narcotics, etc. at the guest room located in Busan Dong-gu, Busan, by inserting approximately 0.07g of philopon into a single-use injection machine, dilution with water, and injection into arms.
Summary of Evidence
1. Statement by the defendant in court;
1. The first written protocol concerning the examination of the accused to the prosecution;
1. Notification of the results of legal and chemical appraisal, consent to extraction of urines, and written confirmation;
1. Seizure records;
1. Previous criminal records on a criminal investigation report (related to collection): The inquiry of criminal records, the number and confinement status of each individual, and the application of Acts and subordinate statutes of a report on criminal investigation (the date of release);
1. Selection of a punishment for a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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. The punishment of imprisonment shall be imposed in light of the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] medication, simple possession, etc., in the basic area (one hundred months to two years), the self-denunciation [the person who is subject to special mitigation] / the same criminal record (the suspension of execution not exceeding three years) [the decision of sentence] / the criminal records of the defendant are five times, and the criminal records of the same crime are crimes committed during the period of repeated crimes, etc.
However, it is against the fact that the defendant voluntarily surrenders, and reflects it.