Text
1. The defendant shall be punished by imprisonment for eight months;
2. Seized evidence as referred to in subparagraphs 1 through 7 shall be confiscated;
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
On March 21, 2016, at around 11:45, the Defendant: (a) included approximately 0.5g of Meteptop c, which is a local mental medicine (i.e., one philopon; hereinafter “philopon”) purchased 700,000 won from his/her name in Seongbuk-gu Seoul Metropolitan Government; and (b) included approximately 0.5g of Melopon in one plastic bag and six Melopon; and (c) held a philopon by inserting it in his/her hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Response to a request for appraisal;
1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 7 of seized evidence;
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. Reasons for sentencing under the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics, Etc. [the scope of sentencing under the sentencing guidelines] - The area of aggravation (1 to 3 years), including medication, simple possession, etc., of Type 3 (1 to 1 to 3 years), - The special aggravated person: (a) the defendant's age, sex and behavior, family relationship, family environment, motive and means for committing a crime, and circumstances after committing a crime, shall be determined as the order, by taking into account the following circumstances: (b) the defendant's age, sex, family relation, family environment, motive and means of a crime, etc., and by lowering the lower limit of the punishment, as set forth in the order.
o favorable circumstances: Until the crime of selling philophones was committed, it did not proceed.
o Unfavorable circumstances: The circumstances that are suspected to have poppy administered or to have intended to administer opphones together with other people, such as philophones, philophones, the reaction of training the results of opphones, and the accompanying a large quantity of a single-use injection device.
On November 19, 2015, the Seoul Western District Court sentenced 10 months of the suspended sentence to a violation of the Act on the Control of Narcotics, etc. in the Seoul Western District Court on November 19, 2015 and decided on November 27, 2015.
Even after the judgment became final and conclusive, it has not been more than four months.