마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for six months.
166,00 won shall be additionally collected from the defendant.
The amount equivalent to the above additional charges.
Punishment of the crime
[Criminal record] On June 14, 2013, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act at the Busan District Court and completed the execution of the sentence at the Ulsan District Court on February 13, 2014.
[2] On April 2015, the Defendant: (a) at the Defendant’s house located in the Busan Shipping Daegu Building 103 Dong 401, the Defendant concealed in the clothes to sell another person the 0.5g of the penphone 0.5g of R around that time; and (b) continued to keep S around May 2015, until it was discovered and kept.
Accordingly, the defendant had a psychotropic medicine even though he is not a narcotics handler.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspect by the prosecution against S or T;
1. A report on investigation (related to the calculation of an additional collection charge);
1. Previous convictions: Inquiries about criminal history and application of investigation reports (related to confirmation of the date of release of a suspect A);
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [32,00 won (the national average price of 1g phiphones x 0.5];
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Assistance in important investigation (from October to two years) in the basic area (special mitigation) of the types of punishment (persons who are subject to special mitigation) according to the sentencing guidelines), including the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, medication, simple possession, etc., of the sentence;
2. The crime of this case was committed during the period of repeated crime determination, and the fact that there are many criminal records in the same kind is disadvantageous.
However, considering the favorable circumstances, such as the confession of the crime of this case, the fact that the defendant is against himself/herself, and the fact that he/she cooperates with an important investigation, the defendant's age, sexual behavior, environment, etc., the sentencing guidelines shall be recommended according to the sentencing guidelines in consideration of all the sentencing conditions shown in the arguments