2020Gohap50 Violation of the Act on the Control of Narcotics, etc. (franking)

Is the Defendant, 75-years, South, and North

Residential Ulsan

Reference domicile

He/she shall be sentenced to prosecution (prosecution) and Kim U.S. (Trial)

Law Firm

July 24, 2020

A defendant shall be punished by imprisonment for not less than two years and six months.

12 disposable divers (Evidence 1) seized shall be confiscated.

50,000 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay an amount equivalent to the above additional collection charge.

Punishment of the crime

Since the Defendant is not a person handling narcotics, he/she shall not administer a psychotropic drug so that the psychotropic drug is not a person handling narcotics (the term "clopon"; hereinafter referred to as "copon").

1. Medication of phiphonephones for minors;

A. On February 25, 2020, at around 01:55, the Defendant put about approximately 0.05 gramopon into a single-use injection machine in Ulsan-gu, Ulsan-gu, and dilution it with water, and given the minor a phiopon to himself by taking it into the arms of ○○ (14 years old) who is a minor.

B. At around 05:00 on February 25, 2020, the Defendant put about approximately 0.05 grams into a one-time injection machine with water at the same place as the above paragraph (a), dilution with water, and given a minor injection into the arms of ○○○○, a minor, and administered phiphones to the minor.

2. Medication of phiphones.

A. On January 20, 2020, the Defendant administered philophonephones by inserting approximately 0.05 grams in a siren vehicle parked on the alleyway adjacent to the Nam-gu, Nam-gu, Ulsan-gu, Ulsan-do, 233, in a single-use manner after inserting approximately 0.05g of philophones into a single-use injection instrument and dilution with water.

B. At around 02:00 on February 25, 2020, the Defendant 1-A, at the same place as above 1-A, injected 0.05g of phiphones into a single-use injection machine, dilution with water, and administered phiphones by means of injection into his arms.

C. At around 18:00 on February 26, 2020, the Defendant injected phiphones by inserting approximately 0.05 grams into a single-use injection machine, dilution them with water, and administering phiphones in a way of injection into his own arms.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 58(1)7 and 4(1)1 of the Narcotics Control Act (a) of the Act on the Control of Narcotics, Etc. (a point of the administration of philophones for a minor, choice of a limited term) and Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) (a) of the Act on the Control of Narcotics, Etc. (a point of the administration of philophones and choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (fluence) due to the medication of phiphoneon to a minor who committed around February 25, 2020 with the largest punishment and punishment for the crime committed on February 25, 2020]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics [(i.e., KRW 100,000,000 on the nationwide average price for the medication of phiphones once in accordance with the monthly trends of narcotics x 5 times]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for a period of two years and six months to two years for a period of two years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes under Articles 1 and 2 (Violation of the Act on the Control of Narcotics, etc. (fence) due to the administration of phiphonephones for minors);

【Determination of Punishment】

. Narcotics crimes: 02. Narcotics (Type 3 ), drugs, perfutablesa. (no person specially punished)

【Recommendation Area and Scope of Recommendations】

Basic Area, 4 to 7 years of imprisonment;

【General Convicts】

- Aggravations: criminal records of the same kind (not less than three years but not more than ten years), or crimes from 3 to 5 [Violation of the Act on the Control of Narcotics, etc., (favour) due to the medication of each phiphone]

. Medication, simple possession, etc. (Type 3) of narcotics crimes: Doz. (b) and item (c) (no person specially punished) of this Article;

【Recommendation Area and Scope of Recommendations】

Basic Area, 10 to 2 years of imprisonment;

【General Convicts】

- Mitigation elements: Voluntary and affirmative treatment of narcotic addicts

-Aggravated factor: Imprisonment for the same criminal record (not less than three years but not more than ten years of suspension): 4 years to 11 years (the upper limit of the first crime + the upper limit of the second crime + 1/2 of the upper limit of the third crime + 1/3)

3. Determination of sentence;

The crime of this case is that a minor administers a philophone twice to a minor, and he has administered a philophone three times. Unlike the statement of ○○○○○○○, the defendant was not forced to administer a philophone, but refused to request several times. However, even if the Defendant’s horse is true, it is necessary to refuse to request it as an adult, and prevent and protect the minor ○○ from narcotics. However, even if the Defendant’s horse is true, it is necessary to have a minor refuse to do so, and even if it is true, it is necessary to prevent and protect the minor’s physical and physiological function from being damaged if a philophone administered a philophone, and there is a high risk of physical and mental symptoms. In fact, ○○○ is not only a crime of this case, but also a crime of this case, which has been subject to punishment once more than three times due to the characteristics of the crime of this case, but also a high risk of being subject to punishment by committing an act, such as symptoms after the philophone medication.

However, it seems that the defendant recognized all of the crimes and expressed in this case's sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, and the situation where the defendant's age, character and behavior, the motive, method and method of the crime, the situation after the crime, etc., are considered as favorable circumstances, such as the fact that the defendant was committed against all of the crimes, and that he was expected to have made efforts to cut down while receiving hospital treatment in 2013 after being recovered from narcotics crimes, and that his relatives and children wish to grow up with the defendant's preference.

Judges Park Young-young

Judges Kim Do-young

Judge Definition Binding