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
[criminal history] On January 19, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on October 1, 2017.
On June 17, 2018, the Defendant administered a philopon by having D in the care room in Busan, Jung-gu, Busan, on June 17, 2018, approximately 0.07 grams of Melopical mental medicine (one philopon; hereinafter “philopon”) a part-time injection device containing approximately 0.07 grams of Melopic mental medicine, to the left part of the Defendant.
Despite the fact that the Defendant is not a handler of narcotics, around 16:00 on May 3, 2018, around 2018, the Defendant administered a philopon by inserting approximately 0.05 g of Melopon (hereinafter “philopon”) which is a local mental medicine at the Defendant’s residence located in the Gangseo-gu Busan Metropolitan Government Etel F of the Gangseo-gu, Busan, by inserting approximately 0.05 g of Melopon into a single-use injection instrument and dilution it into the body.
Summary of Evidence
"2018 Highest 2731"
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Police seizure records;
1. An investigation report (including a report on the 13th and the attached report on the investigation);
1. Investigative report (Calculation of additional collection charges) "2018 Highest 3711";
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Police seizure records;
1. Written appraisal (criminal records);
1. Inquiry about criminal history;
1. Application of Acts and subordinate statutes to an investigation report (including the sequence 8, 2018, 3711, 8, 2011, 201, 201, 2000, 200
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 which the relevant Act and the selection of a punishment are provided for, and Article 60 (1) 3 (b) of the same Act concerning a crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. One crime [the scope of recommended punishment] medication and simple possession, etc. for the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the market price of 100,000 won for a dose of a philopon once as indicated in the holding).