beta
Text
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On January 13, 2012, the Defendant was sentenced to 10 months for violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on January 13, 201, and completed the execution of the sentence in the official prison on October 15, 2012.
The defendant is not a person handling narcotics.
On April 6, 2015, at around 03:00, the Defendant injected approximately 0.05g of psychotropic drugs with water at the toilet of “DPC” located in Busan Seo-gu C, and administered them to the Defendant’s arms using a disposable injection device.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written expert opinion and a seizure report;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crimes);
1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. shall be sentenced to imprisonment with prison labor for the accused taking into account the following factors: (a) the reason for sentencing of the proviso to Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc.; (b) category 3 (one year to three years); (c) the aggravation area (one year to three years); (b) the previous conviction (the suspension of execution to three years or less); (c) the defendant has already been punished
However, in consideration of the overall circumstances, such as the fact that the defendant is wrong, the health status of the defendant, family relationship, etc., the punishment as ordered shall be determined.