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

10,000 won shall be additionally collected from the defendant.

Punishment of the crime

[Criminal Power] On February 5, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 13, 2016, and the said judgment became final and conclusive on February 13, 2016 (the suspended sentence was revoked in 2016) and other similar records were more than three times.

【Criminal Facts】

Even if the Defendant was not a person handling narcotics, the Defendant administered narcotics, etc. by inserting the psychotropic drugs into a single-use injection machine, dilution with water between March 1, 2016 and July 1, 2016, by means of injecting the psychotropic drugs into a single-use injection machine, dilution with water.

Summary of Evidence

1. Part of the prosecutor's protocol of examination of the defendant

1. Request for investigation;

1. Investigation report (the name of the defendant's method of administering phiphonephones, the time when phiphones are administered, and the place where the crime is committed);

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment;

1. Judgment on the assertion by the Defendant and his defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. The defendant's defense counsel asserts to the purport that the facts charged in this case are not specified because the date, time, place, dose of medication, etc. of the crime are not specified. Thus, the defendant's defense counsel must dismiss the prosecution.

2. Determination

A. The facts charged should be stated clearly by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The purport of the law requiring the specification of the facts charged lies in facilitating the exercise of the defendant’s right to defense. As such, the facts charged are sufficient if the facts constituting the facts charged are stated to the extent that it can be distinguishable from other facts, and the date and time of the crime in the indictment.