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A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
[Criminal Power] On October 7, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on January 7, 2016, and completed the execution of the sentence at the detention center on October 18, 2017.
【Criminal Facts】
Defendant is not a narcotics handler.
1. On May 20, 2019, around 08:00 on May 20, 2019, the Defendant: (a) put approximately 0.03g of psychotropic drugs in a single-use injection machine, a psychotropic drug, in the dwelling in the Dong-gu Busan Metropolitan City BcomC; (b) dilution with water; and (c) administered them in a way of injecting them into the bloodline of his own left arms.
2. On June 18, 2019, the Defendant administered approximately 0.03 grams in the place indicated in the above paragraph (1) at around 22:00 on June 18, 2019, in the same manner as the above paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A written expert opinion and a false appraisal report;
1. The investigation report (calculated on a surcharge) and the price of phiphone cancer transactions;
1. Previous convictions: Criminal records, written judgments, investigation reports (related to confirmation of the date of release) and application of Acts and subordinate statutes concerning personal confinement;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts, the choice of punishment, and the choice of imprisonment, respectively;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. The proviso to Article 67 of the Narcotics Control Act.
5. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.
1. The scope of punishment by law: Imprisonment for not less than one month but not more than 30 years;
2. Scope of the recommended sentencing criteria: Imprisonment with prison labor for not less than one year but not more than four years and not more than six months; and
(a) Basic crimes and concurrent crimes: Offences in violation of the Act on the Control of Narcotics, etc. (Determination of types) (referring to the determination of types), medication, simple possession, etc. (Type 3) of narcotics crimes;
Items c) and c.
Table [Special Aggravation] Aggravations: Imprisonment with prison labor for the same criminal records (not less than a three-year suspension of execution) (the area of recommendation and the scope of recommendation):