Text
A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On December 5, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on December 5, 2012, and completed the execution of the said sentence in the Daejeon Prison on February 13, 2014, and was not a person handling narcotics.
1. 2014. 3. 12. 필로폰 사용 피고인은 2014. 3. 12. 08:00경 인천 남구 용현동에 있는 물텀벙거리 도로에 주차해 놓은 C의 승용차 안에서 C에게 향정신성의약품인 메트암페타민(일명 필로폰, 이하 필로폰이라 함) 약 0.05그램이 담겨 있는 일회용 주사기에 생수를 넣어 희석한 후 이를 C의 팔에 주사하여 주는 방법으로 필로폰을 사용하였다.
2. On April 20, 2014, the Defendant, at around 16:00 on April 20, 2014, injected 0.05 gramopon into a single-use injection machine at the public toilets in the Yong-gu Incheon Metropolitan City, Nam-gu, and injected it by means of injection to the Defendant’s arms.
Summary of Evidence
1. Defendant's legal statement;
1. The police interrogation protocol of the accused (including the C substitute part);
1. Copy of each protocol of suspect examination of the police against C;
1. Copy of a response to the request for appraisal (C solicitation), and each request for appraisal;
1. Investigation report (report on the market price of phiphonephones);
1. Previous convictions: Inquiries, inquiry reports, investigation reports (Attachment of the same criminal records and attachment of the judgment), and application of Acts and subordinate statutes as results of the confinement of prisoners;
1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of use or medication of a penphone) of the Act on the Management of Narcotics, Etc., and the Selection of Imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. Application of the sentencing criteria;
(a) Basic crimes and concurrent crimes: The crimes of violation of the Act on the Control of Narcotics, etc. (determination of types) shall be administered, simple possession, etc. in the holding;
Items c) and c.
From 1 year to 20 years of imprisonment.