Defendant 1 and two others

Kim U.S.C., Maz. (Court Prosecutions), Maz. (Court Decision)

Attorney Park Ho-ok et al.

1. Defendant 1

A defendant shall be punished by imprisonment for two years.

The evidence No. 2684 of the Busan District Prosecutors' Office that was seized in 2019 and the evidence No. 3465 of the pressure of 2019 shall be confiscated, respectively.

1,803,00 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

2. Defendant 2

A defendant shall be punished by imprisonment for not less than eight months.

1,450,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

3. Defendant 3

A defendant shall be punished by imprisonment for six months.

60,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Punishment of the crime

【Criminal Power】

Defendant 1 (Defendant in the appellate judgment of June 19, 202) was sentenced to three years of suspension of the execution of imprisonment for a violation of the Punishment of Violences, etc. Act at the Suwon District Court on July 7, 2017 (joint confinement) and the judgment became final and conclusive on July 15, 2017. On June 17, 2019, Defendant 1 was sentenced to two years of suspension of the execution of imprisonment for a violation of the Narcotics Control Act at the Seoul Central District Court on June 25, 2019 and was sentenced to two years of suspension of the execution of a sentence for a violation of the Narcotics Control Act at the Seoul Central District Court on June 25, 2019.

Defendant 2 (Defendant 1 of the appellate judgment of June 5, 2020) was sentenced to 10 months from October 22, 2019 by the Busan District Court for the crime of interference with business, etc., and is still pending in the appellate trial.

Defendant 3 (Defendant 2) was sentenced to one year to imprisonment for a violation of the Narcotics Control Act at the Busan District Court on April 13, 2018, and the execution of the sentence was terminated in the Net Prison on February 11, 2019. On November 21, 2019, Defendant 3 (Defendant 2 in the appellate court of June 5, 2020) was still pending in the appellate court after having been sentenced to one year and eight months of imprisonment for the same crime at the Busan District Court.

[Defendant 1]

The defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act;

A. On July 24, 2019, the Defendant administered a philopon by having Defendant 2 put about 0.1g of psychotropic drugs in a single-use injection machine, and dilution them into the Defendant’s arms, at the Busan Jin-gu ( Address 1 omitted) and △△ Mobur care room, Defendant 2 administered philopon by having Defendant 2 in a single-use injection machine.

B. At around 22:50 on July 26, 2019, the Defendant, at the heading room for △△△○○ as indicated in the paragraph (a), administered phiphonephones by having the name of the upper line, “third village” (hereinafter “third village”) put about 0.1g of philophones into a single-time injection machine, dilution them with a bio-velating route, and having the Defendant injection them into the Defendant’s arms.

C. On August 15, 2019, at around 14:42, the Defendant: (a) had △△△△△△△△ 303, as indicated in the paragraph (a), take approximately 0.1g of opon into the Defendant’s arms in the same manner as indicated in the paragraph (b); and (b) around 17:28 of the same day, the Defendant, at the same place, had the “Tri Village” in the same manner, injected the Defendant’s arms into the Defendant’s arms and administered oponphones twice.

D. Around August 16, 2019, the Defendant: (a) had △△△△△ 303, as indicated in the paragraph (a), “third village,” in the same manner as indicated in the paragraph (b); and (b) had “third village,” at the same place after several times, in the same manner, injected approximately 0.1g of philopon into the Defendant’s arms; and (c) had “third village,” in the same manner, administered philopon twice.

E. Around August 17, 2019, the Defendant: (a) had a “third village” as indicated in paragraph 301, as indicated in paragraph (b), injected approximately 0.1g of oponon into Defendant’s arms; and (b) had a “third village” in the same place at around 23:00 on the same day injection approximately 0.1g of opon into Defendant’s arms, and administered oponon two occasions.

2. Violation of the Narcotics Control Act.

On August 22, 2019, at around 22:00, the Defendant smoked the hemp plant by attaching it to the numberless BMW car parked on the front side of Busan Maritime Transportation Daegu ( Address 2 omitted) in the form of tobacco in the BMW car.

[Defendant 1]

피고인은 2019. 9. 15. 부산 사상구 (주소 3 생략)에 있는 □□구치소 제◇수용동 상층 ☆☆실 수용거실에서 피고인의 가족에게 보낼 편지를 작성하던 중, 피고인과 같은 수용거실에서 수감 생활을 하고 있는 피해자 공소외 1(42세)에게 우표를 빌려 달라고 요청하였고, 피해자는 ‘네가 작성한 편지의 내용을 보여주면 우표를 빌려 주겠다’라는 취지로 말하였다. 이에 피고인은 피해자에게 편지를 건네 읽어 보게 하였는데 위 편지에는 ‘사람들은 다 착하지만, 항상 거리유지를 하고 있습니다. 야윈 개가 삐낌타듯이 저는 이 안에서 야윈 개들이랑 시비조차 붙지 않고 아주 조용히 비위맞춰가며 제 가슴 속 화를 죽이는 연습을 하겠습니다’라는 취지의 내용이 기재되어 있었고, 피해자는 위 기재 부분이 자신을 비롯한 동료 수감자들을 비하하는 표현이라고 생각하고 기분이 상하여 위 편지 기재내용을 다른 동료 수감자들이 들을 수 있도록 소리 내어 읽었고, 이에 피고인은 ‘가족에게 보내는 편지 내용을 그렇게 소리 내어 말하면 방 사람들에게 제 입장이 뭐가 됩니까’라는 취지로 항의하였다.

그 후 피고인은 계속하여 피해자와 위 문제로 말다툼을 하던 중, 피고인이 피해자에게 ‘우리 집이 같잖으냐?’라고 3회에 걸쳐 물었는데 피해자가 매번 ‘그래, 같잖다’라고 대답하자 화가 나, 왼손을 뻗어 피해자의 머리채를 잡은 뒤, 편지를 작성하기 위하여 소지하고 있던 위험한 물건인 볼펜(총 길이 16.5cm)을 오른손에 쥔 채 피해자의 왼쪽 귀와 목 사이 부위를 향해 휘둘러 볼펜으로 해당 부위를 1회 찔러 위 볼펜의 앞쪽 5cm 길이 상당의 부분이 해당 부위의 살을 뚫고 그곳에 박히게 하고, 이어서 주먹으로 피해자의 얼굴을 2회 때렸다.

As a result, the defendant carried dangerous objects and inflicted an injury on the victim, such as approximately 15-day left-hand side of the face where treatment is required.

[2019 Highest 6200 (Defendant 2)]

The defendant is not a person handling narcotics.

1. Receipt of Handphones;

A. On August 15, 2019, at around 15:45, the Defendant received approximately 0.4 grams from Defendant 3 within the 304 room of the Busan Jin-gu, Busan ( Address 1 omitted) and received phiphones by delivering it to Defendant 1.

B. On September 10, 2019, around 06:20, the Defendant received chophones from Defendant 3 with approximately 0.35 grams of chophones from Busan Shipping Daegu (No. 4 omitted) and the ▽▽△△○ 404g of chophones.

2. Medication of phiphones.

A. On September 11, 2019, the Defendant, around 17:00, administered phiphones by inserting approximately 0.05g of philophones into a single-use injection machine, dilution them with water, and injection them into arms.

B. Around 01:00 on September 12, 2019, the Defendant injected 0.05 gramphones in a single-use injection period, dilution with water, and injected phiphones by means of injection into arms.

[Defendants]

Defendants are not authorized to handle narcotics.

1. Defendant 1

(a) Sale and purchase of phiphones;

At around 21:00 on July 30, 2019, the Defendant purchased and sold 0.7 gramphones from Defendant 3 to Defendant 3 at 400,000,000 from the Busan Shipping Daegu ( Address 5 omitted).

(b) Handphone medication;

On July 27, 2019, the Defendant administered philophones on six occasions from around November 00, 2019 to July 29, 2019, by inserting approximately 0.1g of philophones into a single-use injection machine, dilution with water, and injection into arms. In addition, the Defendant administered philophones on six occasions from around that time to July 29, 2019, as described in the list of crimes in the attached Table.

2. Defendant 2

On July 26, 2019, at around 22:50, the Defendant received approximately KRW 700,000 from Defendant 1, and received approximately 0.7 grams delivered by Defendant 3, from Defendant 1, and received approximately KRW 0.7 grams from Defendant 1.

3. Defendant 3

(a) Sale and purchase of phiphones;

On July 30, 2019, the Defendant traded philophones by receiving about 400,000 won from Defendant 1 in front of her knives knives knives knives knives knives knives knives knives.

(b) Provision of philophones;

1) On August 15, 2019, around 18:35, the Defendant: (a) inserted approximately 0.03g of oponphone into a single-use injection machine; (b) injected Nonindicted 2’s arms; and (c) provided oponphones.

2) On August 16, 2019, at around 00:17, the Defendant injected approximately 0.03 grams from 100 to 303 philophones as indicated in paragraph (1) and provided philophones to Nonindicted 2’s arms in the same manner as indicated in paragraph (1).

Summary of Evidence

[Defendant 1]

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (the No. 11 through 13, 29, 43 of the evidence list);

1. Each written appraisal;

[Defendant 1]

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement on Nonindicted 1 and Nonindicted 3

1. Each written statement of Nonindicted 1, Nonindicted 3, Nonindicted 4, and Nonindicted 5

1. Photographs;

1. A written diagnosis of injury;

1. Seizure records;

[2019 Highest 6200 (Defendant 2)]

1. Defendant's legal statement;

1. The protocol of the police and the examination of the suspect against the defendant, the defendant 3 and the defendant 1, and copies thereof;

1. A report on investigation (a list of evidence Nos 9, 19, 38);

1. A maternity appraisal statement;

[Defendants]

1. Defendants’ respective legal statements

1. Each police officer, prosecutor's office, and copies thereof against the Defendants, Nonindicted 6, and Nonindicted 2

1. A report on investigation (the sequence 64 of evidence list);

1. A narcotics appraisal statement;

1. Previous conviction of Defendant 3: Investigation report (Evidence No. 56), judgment; and

Application of Statutes

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

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the points of medication, delivery, possession, and sale of philophones)

Defendant 1: Article 61(1)4 (a), Article 3 subparag. 10 (a) (the point of smoking marijuana) of the Narcotics Control Act, and Article 258-2(1) of the Criminal Act (the point of injuring a dangerous object)

Each Imprisonment Selection

1. Aggravation of repeated crimes (Defendant 3);

Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Confiscation (Defendant 1);

Article 67 of the Narcotics Control 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

Reasons for sentencing

1. Defendant 1

Class 1 Crimes (Narcotic drugs)

【Scope of Recommendation】

Medication, simple possession, etc.: Type 3 (flagb.(b) and item (c)) basic area (10-2 years).

Second Crimes (narcotics)

【Scope of Recommendation】

Aggravation, simple possession, etc. (mathma, 10 to 2 years, etc.) of Category 2

【Special Person under Guard】

Criminal records of the same kind (not less than three years of suspended execution);

Category 3 Crimes (Assault)

【Scope of Recommendation】

Basic area (6-2 years from June to two years) of category 1 (special injury) for special injury, injury, or repeated crime.

* The scope of final sentence due to the aggravation of multiple offenses: 10 to 3 months.

【Determination of Sentence】

While the defendant is still under the suspension of the execution, the defendant administered a philophone and smokes marijuana several times, and is confined in a detention house, and the nature of each of the crimes of this case is not good, and the victim of bodily injury wants to be punished strictly by using dangerous things. Although the defendant did not have any history related to philophones, in light of each of the crimes of this case, it is inevitable to punish the defendant as being addicted to philophones, and thus, it is very important to punish him.

Thus, it seems that the defendant suffered from a lack of due diligence and excessive behavioral disorder is one of the causes of the crime of this case, and the social relation seems to be announced considerably, and if he has yet to reach the age and living under confinement for a certain period, it seems that there is room for improvement in the recidivism wall such as this case, and in the case of special injury, it appears that the victim is also responsible to a certain degree for the crime of special injury, taking into account all the circumstances favorable to the defendant, including the sentencing factors favorable to the defendant, the sentence shall be determined like the order.

2. Defendant 2 (to not apply the sentencing criteria to balance between the first head and the punishment at the market);

In this case, the fact that the defendant received and administered multiple philophones, which has a great social harm caused by addiction and decilation effect of philophones, the amount of the received philophones is not small, the defendant has already been able to suspend the execution of two times of violence, and the first head case of the judgment is also a factor to impose a sentence disadvantageous to the defendant.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant did not have the force of philopon crime and reflects his mistake, and the fact that he was involved in simple medication and receipt.

In full view of the aforementioned sentencing guidelines and circumstances, the first head case and this case were judged simultaneously and the various circumstances, including balance of the punishment, the age, character and conduct and environment of the defendant, etc., which are the conditions for the sentencing of this case, the punishment shall be determined as ordered.

3. Defendant 3 (to not apply the sentencing criteria to balance between the first head and the punishment at the market);

It is inevitable that the defendant has committed a serious crime in which he trades and provides philophones during the period of repeated crimes of the same kind. In this context, the defendant has committed a serious crime against his own mistake and the case pending in the appellate trial of the first head of the judgment in this case has only one part against the same person at a similar time, and the two cases have to be judged simultaneously and the balance of punishment should be considered, taking into account the circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and conduct, environment, etc

(attached Form omitted)

Judges Shin Jae-chul