Text
A defendant shall be punished by imprisonment for a term of one year and four months.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[Criminal Records] On September 19, 2014, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on September 17, 2015 and completed the execution of the said sentence.
[2018 Highest 1287]
1. Around 23:00 on March 21, 2018, the Defendant, a violation of the Narcotics Control Act (flavoking), placed in a disposable injection machine for approximately 0.16g g, a local mental medicine, in the Defendant’s DNA vehicle parked in the vicinity of the C Hospital located in the Busan East-gu, Busan, and administered narcotics in a way of injection with water, after inserting approximately 0.16g, a local mental medicine in the Defendant’s DNA vehicle.
2. On August 14, 2013, the Defendant violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices is currently under execution of an attachment order after being sentenced to five years from the Changwon District Court to the attachment order of an electronic tracking device for rape.
On March 22, 2018, from around 09:22 to 17:48, the Defendant maintained the utility of the electronic device in such a way as to prevent the Defendant from verifying the location of the Defendant without carrying a portable tracking device in his body in his body.
[2018 Highest 1359] On December 28, 2017, the Defendant, who was not a narcotics handler, was parked in the way near the F Hospital located in Busan Suwon-gu, Busan on December 23:30, 2017, and administered them by inserting approximately 0.05g of the Mesofte (one philopon), a local mental medicine, in a single-use injection vehicle, and dilution them with water.
Summary of Evidence
[2018 Highest 1287]
1. Statement by the defendant in court;
1. Investigative report (Calculation of a surcharge), Changwon District Court Decision 29 dated the beginning of 2011 and the text of the High Court Decision 29 dated the beginning of 2011, the letter of prosecution and the letter of prosecution (written appraisal of the Maternal) [Attachment 1359 High Court Decision 2018];
1. Statement by the defendant in court;
1. Notification of the result of legal and chemical appraisal [before judgment];
1. References to inquiries, such as criminal history, and application of the statutes on personal accommodation;
1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected, respectively;