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.

Punishment of the crime

On November 17, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on November 17, 2015, and completed the execution of the sentence at the Ansan Prison on September 15, 2016.

Defendant is not a narcotics handler.

On August 12, 2017, the Defendant administered philophones by inserting approximately 0.03g of Mesophical amblopon (one philopon; hereinafter “philopon”), which is a local mental medicine, into a single-use injection instrument, and dilution with raw water and injection into arms.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records and list of seizure;

1. Test results;

1. Investigation report (calculated as a suspect A additional collection charge);

1. Previous conviction: The defendant and his defense counsel asserted that the defendant's urgent arrest of this case against the defendant was conducted without a warrant of arrest when sufficient time to obtain a warrant of arrest, and it constitutes an illegal arrest without a requirement, and the result of appraisal revealed in the defendant's lawsuit taken without a warrant of physical search cannot be viewed as evidentiary materials, and thus, the defendant is innocent.

As an exception to the warrant requirement principle, an urgent arrest should be exceptionally permitted only when the requirements of Article 200-3(1) of the Criminal Procedure Act are met. An urgent arrest that fails to meet the requirements constitutes an illegal arrest, which is not a warrant without legal basis. Here, whether the requirements for an urgent arrest are satisfied or not should be determined based on the situation at the time of arrest, not on the basis of the situation revealed later.