마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
A penalty of one million won shall be additionally collected from a defendant.
Punishment of the crime
[Criminal Power] On June 27, 2013, the Defendant, at the Seoul Central District Court, sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the said sentence on April 13, 2014.
【Criminal Facts】
The Defendant, who is not a person handling narcotics, did not possess, possess, receive, use, transport, control, import, export, prepare, prepare, administer, administer, administer, sell, trade, or arrange the trade of, or provide, a psychotropic drug, Megaphone (hereinafter referred to as “philophone”), but traded phiphones as follows.
On November 3, 2014, at around 18:55, the Defendant received 500,000 won in cash from E at the front of the exit of D2 in Gangdong-gu Seoul, Gangdong-gu, Seoul, after receiving 500,000 won in cash from E, plus 500,000 won in cash he possessed, and purchased 2 a disposable injection machine containing 1.4g of phiphones.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of F by prosecution;
1. Investigation report (Investigation of details of the A mobile phone call on the upper line);
1. Previouss before ruling: Application of criminal records, investigation reports (A or F detention house verification) and Acts and subordinate statutes;
1. 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 Acts on criminal facts;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] Trade, Mediation, etc., and the mitigated area (8 to 1 year and 6 months), [Special Mitigation] mitigated areas (8 to 1 year and 6 months), purchases for medication, simple possession, etc. (limited to persons under special mitigation] of the same criminal record (not more than 3 years of suspension of execution) [the decision of sentence] of the same criminal record (not more than 3 years of suspension of execution], and accordingly, there are several records of punishment for the same criminal record, and the amount of phiphones handled again during the period of repeated crime.