Cases
2016 Highest 138 Violation of the Act on the Control of Narcotics, etc. ( natives)
Defendant
Park A (62 years, South Korea), religioners
Residential Ulsan
Standard place of registration:
Prosecutor
The movement port (prosecutions) and Kim Jong-sung (Trial)
Defense Counsel
Law Firm Tae Tael et al.
Attorney Lee Young-gu, and Kim Yong-ju
Imposition of Judgment
March 7, 2016
Text
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 3 shall be confiscated.
20,000 won shall be additionally collected from the defendant.
Reasons
Facts of crime
The defendant is not a person handling narcotics.
1. The Defendant administered psychotropic drugs on January 8, 2016: around 00, 00 by means of injecting 0.05 glocks (one philopon; hereinafter the same shall apply), a psychotropic drug, using a single-use injection device, for injection into human arms.
2. On January 9, 2016, the Defendant administered approximately 05 g of phiphonephones in the same place as Paragraph 1 at around 00, in a manner that injects the Defendant’s arms using a single-use fraud.
3. On January 10, 2016, at around 20: 25, the Defendant: (a) packaged approximately 0.03g gopon in white paper at the office of the Ulsan District Police Agency for Narcotics Investigation in Ulsan-gu, Ulsan-gu, Ulsan-gu, and carried approximately 0.03gopon on a white paper; and (b) possessed it in a way that the Defendant sent it to the Defendant’s wall.
Summary of Evidence
(Omission)
Application of Statutes
1. Relevant Articles of criminal facts;
Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.
(Selection of Imprisonment)
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act
1. Confiscation;
Article 67 of the Narcotics Control Act
1. Additional collection:
The proviso to Article 67 of the Narcotics Control Act
[Grounds for Sentencing]
As multiple crimes, each of the third types of basic sphere ( Imprisonment of 10 months or more to 3 years and eight months);
It shall be selected by taking into account the power, etc. of punishment for the same crime, and records or records;
Within the scope of the sentencing criteria in consideration of the circumstances of crimes shown in pleadings, the health of the accused, etc.
The punishment shall be determined as ordered by the court.
Judges
Judges Shin Shin-young