Text
A defendant shall be punished by imprisonment for one year.
48,600 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[criminal power] On November 28, 2012, the Defendant was sentenced to ten months of imprisonment for violation of the Act on the Control of Narcotics, Etc. in the Incheon District Court’s Branch Branch, and completed the execution of the said sentence in the official prison on September 25, 2013.
【Criminal Facts】
The defendant is not a person handling narcotics.
1. At around 21:00 on December 2, 2013, the Defendant: (a) inserted D’s residence located behind Seo-gu Incheon Metropolitan City, Seo-gu, in a single-use injection machine, containing 0.03gopon with D, into a single-use injection machine; and (b) injected into a double-use serum, each of the following:
2. At around 19:00 as of February 2, 2014, the Defendant inserted approximately 0.03g of philopon, which was parked in D’s street near Gwanak-gu Seoul Special Metropolitan City, into a single-use injection machine, dilution with bio-velopon, and injected into the bloodline inside the arms.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspects of D by the prosecution;
1. Written request for appraisal (training of phiphones from DNA hair);
1. A criminal investigation report (report on the market price of narcotics, such as crypers, etc.);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the identity of a repeated offender of the accused);
1. Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the provision of a philoon medication: Provided, That Article 30 of the Criminal Act provides that the provision of a phion medication shall apply only to paragraph (1) of the crime as stated in the judgment), and the
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The crime of this case for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (the amount calculated by converting the price of 0.03g per gram into the national average retail price ) is deemed to have administered penphones over two occasions, and the case cannot be deemed to be weak. The defendant not only has the same power, but also has committed any crime of this case again during the repeated offense period, and the investigation of this case has been conducted, and the investigation of this case has been conducted, he voluntarily attended by the investigation agency.