Text
A defendant shall be punished by imprisonment for not less than one year and six months.
10,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On September 9, 2011, 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 Ulsan District Court on September 9, 201, and completed the execution of the sentence at the Ulsan Detention Center on March 30, 2012.
Criminal facts
Defendant is not a narcotics handler.
On November 26, 2013, the Defendant administered approximately 0.03g of psychotropic drugs (one philopon) in a 304 room located in Damoto Kim-si, Kim Young-si, Gyeongnam-si, and administered them by a method of hanging them to a coffee.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Ratifications (written requests for appraisal and reports on the results of requests for appraisal);
1. Report on investigation (verification of additional collection charges);
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the date of release);
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Establishment of Relevant Acts and the elective Control of Narcotics, Etc. for Crimes (Selection of Imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. In light of the fact that the defendant committed the instant crime even though he/she had a criminal record of two times sentenced to one suspended sentence and two sentenced punishment for the same kind of crime, it is inevitable to sentence the defendant to a considerable period of imprisonment.
However, the punishment as ordered shall be determined in consideration of the fact that the defendant has mistakenly recognized and reflected the defendant, the fact that the crime of this case is limited to a simple medication once, and all other circumstances constituting the conditions for sentencing, such as the criminal records, character, conduct and environment of the defendant, etc.