Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 3, 2014, around 22:00, the Defendant: (a) stored approximately 0.05g of psychotropic drugs in the public toilets at the entrance of D temple C located in Busan Northern-gu; (b) stored approximately 0.05gg of psychotropic drugs in a single-use injection machine; and (c) injected narcotics into the left part of blood with water mixed.
2. Although the Defendant is not a narcotics handler, on April 15, 2014, around 21:00, in the Defendant’s car parked in the new University located in the Busan trigramal Zone, the Defendant administered approximately 0.05g gramphonephones to a coffee.
Summary of Evidence
1. Statement by the defendant in court;
1. Records of seizure and the list of seizure;
1. Notification of the results of appraisal of narcotics and report on requests for appraisal;
1. Application of an investigation report (calculated additionally), and the monthly trend of narcotics to Acts and subordinate statutes;
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., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. is that the Defendant had a record of being punished for a single suspended sentence due to the same kind of crime, etc.
From the time when punishment was imposed for the same crime to the time of the crime of this case, the period of not less than seven years has passed, the defendant is in profoundly against his confession while making a confession, and the fact that he actively cooperated in the investigation is favorable.
In addition, the sentencing conditions shown in the records, such as the age, character, conduct, environment and health of the defendant, shall be determined as per the disposition.