Defendant
Defendant
Prosecutor
Western Dong-dong(s)(s)(s)(s)(public trial)(s)(s)(s)
Defense Counsel
Attorney Jeong-tae (Korean National Assembly)
Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence 3 or 4 shall be confiscated.
10,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.
Criminal facts
Defendant (Defendant 1) is not a person handling narcotics, and thus, he cannot handle Metephopopics (one philoopopon; hereinafter referred to as “phiopons”).
피고인은 2018. 4. 30. 23:00경 양주시 (주소 2 생략), 103동 401호(◎◎동, ◁◁빌리지)에 있는 피고인의 주거지에서, 필로폰 약 0.1그램을 일회용주사기에 넣고 물로 희석하여 피고인의 팔 혈관에 주사하는 방법으로 필로폰을 1회 투약하였다.
Summary of Evidence
1. Examination protocol of the accused by prosecution;
1. The police statement of Nonindicted Party 2
1. A narcotics appraisal statement;
[Defendant and defense counsel asserts that there was no fact that the Defendant had administered philophones. The following circumstances acknowledged by the evidence of the judgment, namely, that the Defendant included the content of suggesting the Defendant’s philogram medication in telephone conversations or Kakakakaox messages divided by Nonindicted 2 from April 30, 2018 to the following day, and that the Defendant’s camlogram medication was detected at the Defendant’s mother initiative collected on August 30, 2018, and the Defendant’s camlogram reaction was detected at the Defendant’s camlograms and camlograms (the entire cam from the mother to 12 centimeters). The Defendant stated that the camlogram medication was administered on April 30, 2018 at the prosecution. In full view of the following circumstances, it is recognized that the Defendant administered philophones.
Application of Acts and Subordinate Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Narcotics Control Act; Selection of imprisonment, etc.
1. Confiscation;
The main sentence of Article 67 of the Narcotics Control Act, and Article 48 (1) 1 of the Criminal Act
1. Additional collection:
The proviso of Article 67 of the Narcotics Control Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
Grounds for sentencing
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. Application of the sentencing criteria;
[Determination of Types] Narcotics Crimes, Medications, Simple Possessions, etc.
【Special Convicted Persons】
○ Reduction element: Important investigation cooperation
○ Aggravations: previous department (not less than a three-year suspension of execution)
[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)
3. Determination of sentence;
In the Suwon District Court on June 30, 2016, the defendant has been sentenced to a suspended sentence of one year for a violation of the Act on the Control of Narcotics, Etc., but the defendant committed the crime of this case in consideration of the fact that he/she committed the crime of this case although he/she had been sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, etc.: Provided, That the punishment as ordered shall be determined by taking into account the following factors: the defendant has cooperatedd in the investigation for the arrest of a narcotics offender; sentencing guidelines and the age, character and conduct, environment, motive, means, method and consequence of the instant crime
Judges Kim Jong-tae