마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
The provisional payment equivalent to the above additional collection amount shall be made.
Punishment of the crime
On October 17, 2014, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act at the Busan District Court on February 17, 2014 and completed the execution of the sentence on August 19, 2016.
Defendant is not a narcotics handler.
On January 30, 2017, the Defendant injected approximately 0.03g of Mesophical popon (one philogramopon), which is a psychotropic medicine, into water, at the influorial protection room of the non-fluoric telecomon in Yangsan-si, Yangsan-si, and then injected them into the Defendant’s arms using a disposable injection device.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. Response to a request for appraisal;
1. Previous convictions in judgment: Application of inquiries about criminal history and the Acts and subordinate statutes concerning personal confinement;
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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The sentencing guidelines [the scope of the recommended punishment] medication, simple possession, etc., and the mitigation area (six months to one year and six months from June), the self-denunciation of persons who have been reduced (special mitigation to one year and six months) (special mitigation to one year and six months), the cooperation in important investigation / the cooperation in the same criminal investigation / the same criminal record (a stay of execution to be suspended for not more than three years);
2. The sentence shall be pronounced as ordered by taking comprehensive account of the following circumstances based on the sentencing criteria set forth in the above sentencing criteria:
A favorable normal condition: A confession, serious reflectivity, confession made by an investigative agency, and cooperation with an important investigation.
(i) Unfavorable circumstances: Cumulative crimes, the same criminal records are very high, etc.