A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

[Criminal Power] On January 10, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on September 21, 2019 and completed the execution of the sentence in the Seoul East Eastern District Court on September 21, 2019 and had ten criminal records for the same crime.

【Criminal Facts】

1. Notwithstanding that the Defendant is not a person handling narcotics, he/she dypon medication, around 22:00 on October 29, 2019, he/she dyponed by mixing approximately 0.04 g of psychotropic drugs with water from “Bponopon” located in the sphere of Suwon-si, Suwon-si, or “one psychotropic drugs” at his/her toilet.

Accordingly, the Defendant administered philophones.

2. On October 30, 2019, the Defendant was unable to enter the place of residence of the victim C (nives, 62 years of age) who was living in Suwon-si, Suwon-si (hereinafter “Woo-si”) on or around 18:10 on October 30, 2019, when the victim C (nives, 62 years of age), who was living together in the said place of residence due to the administration of phiphonephones, opened and entered the gate, but the gate did not enter the wind.

Thus, the defendant tried to intrude another person's residence, but did not have such intention but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A letter of prosecution (written explanation of the result of the prosecution and appraisal);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation of crimes during the period of repeated crimes);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, etc., and the Selection of Punishment for Crimes; Articles 319 (1) and 322 of the Criminal Act; Articles 322 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel have been living together with the victim regarding attempted intrusion upon his/her residence.