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

A penalty of KRW 100,000 shall be collected from a defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Punishment of the crime

On January 4, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor due to an injury, etc. at the Ulsan District Court, and completed the execution of the above sentence at the Busan District Court on September 3, 2013.

Although the Defendant is not a narcotics handler, on October 4, 2013, at around 04:00, at the trade influorite guest room located in the luminous Dong-dong, Busan, the Defendant put about approximately 0.03g of the marcule, a primary mental medicine, into a single-use injection machine, and dilution with water, and administered it in a way of injection with the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of data on the price of narcotics, etc. transaction in the investigation report (verification of sidephones), reply to requests for appraisal, investigation report (calculated of additional collection charges), the Supreme Prosecutors' Office's narcotics, and publication "monthly trends of narcotics, etc.";

1. Previous conviction: Application of Acts and subordinate statutes of one copy of the inquiry about criminal history, investigation report (the confirmation of the date of final release from office and the copy of the judgment), personal identification and acceptance status;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (or selection of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [the basis for calculating the additional collection charge: 100,000 won = 10,000 won per market price of one penphone 】 (0.03g) 】

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a normal situation where the crime of this case was administered with a philopon on the top of a month after release, which is not good in the nature of the crime, and the defendant's intention is insufficient in light of the fact that it was not disclosed, etc.

However, the fact that the defendant recognized the facts charged, and the crime of this case is a simple medication of phiphones, and the frequency of such medication is only once, and the defendant voluntarily withdraws to an investigation agency is favorable.

In addition, the defendant's age, sex, environment, means and results of crime, and circumstances after crime, etc. are revealed in the trial process of this case.