Text
A defendant shall be punished by imprisonment for one year.
400,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On November 11, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on November 11, 2008 and completed the execution of the sentence on November 13, 2012.
The defendant is not a person handling narcotics.
A person other than a person handling narcotics shall not sell or administer a psychotropic drug camblopon (one-name copon; hereinafter referred to as "copon").
1. On March 20, 2013, the Defendant received 400,000 won from E at the coffee shop near the D basin located in Bupyeong-gu Incheon, Incheon, upon the request to seek the philopon from E, and purchased approximately 0.7 g of philopon, which was contained in the 1st injection.
2. Around 01:00 on March 21, 2013, the Defendant: (a) inserted approximately 0.1g of philophones purchased from a guest room near H Station located in Gwanak-gu in Seoul Special Metropolitan City, into a disposable injection machine; (b) injected them with water; and (c) injected them into the Defendant’s stuff.
3. On March 21, 2013, the Defendant administered approximately 0.1g of philophones purchased at the same place as Paragraph 2, such as Paragraph 1, at the same time as Paragraph 2.
4. On March 21, 2013, at around 22:00, the Defendant administered approximately 0.1g of philophones purchased in the same manner as Paragraph 1, at the same place as Paragraph 2.
5. At around 02:00 to 03:00 on March 22, 2013, the Defendant administered approximately 0.15g of the rophones purchased, such as paragraph (1), in the trade name fluoron in Gwanak-gu Seoul Special Metropolitan City G, in the same manner as paragraph (2).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to E, of the protocol of examination of suspect (1 and 2 times) prepared by the prosecution, which is appropriate therefor;
1. Seizure records;
1. Notification of the results of appraisal of narcotics;
1. Investigation report (attached to indictments, verification of the market price of narcotics, and calculation of additional charges);
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (before judgment and attachment of judgment), and personal identification and confinement status;
1. Relevant provisions concerning facts constituting an offense;