Text
A defendant shall be punished by imprisonment for one year.
One divers (No. 1) seized shall be confiscated.
Reasons
Punishment of the crime
[Criminal Power] On May 17, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court’s Ansan Branch on May 17, 2018, and completed the execution of the sentence in the Busan Prison on September 28, 2018.
【Criminal Facts】
Defendant is not a narcotics handler.
Nevertheless, the Defendant, at around 13:00 on March 17, 2019, administered the psychotropic drugs B, which were provided by D, in a single-use injection machine, with 0.05gg of psychotropic drugs, in which the Defendant injected them into the blood body, and administered them by means of injecting them into the blood body.
Summary of Evidence
1. Defendant's legal statement;
1. Written statement of the prosecution and the prosecutor’s seal;
1. Investigation report (to attach photographs to the site of seizure and seized articles);
1. Investigation report (verification, etc. of partially administered philophones);
1. A report on investigation (referring to a report on the results of the Preliminary Preliminary Test - training) and a report on the results of the preliminary experiment
1. Investigation report (in response to a response to the results of the opposite appraisal), and requests for appraisal;
1. A report on investigation (related to a claim for an additional collection charge) and monthly trend of narcotics;
1. A report on investigation, a response to requests for appraisal, and a false appraisal report;
1. The existence of a disposable divers (No. 1) seized;
1. Records of holding: Criminal history records, inquiry reports, investigation reports (Attachment to judgments, etc. prior to repeated crimes related thereto), drug offenders' cards, written judgments, and current status of confinement of individuals;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of punishment by law: One month to twenty years;
2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;
Items c) and c.
Title (special ductists) - Aggravation elements: the same kind of factors.