Text
A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
A medical care and custody applicant.
Reasons
Criminal facts
The facts constituting the grounds for the medical care and custody [criminal facts] Defendant and the person who filed for the medical care and custody (hereinafter referred to as “Defendant”) are not narcotics handlers.
1. September 2015, the Defendant: (a) at the bar room of D hotel located in Daegu-gu, Daegu-gu, the Defendant administered a philopon by having E put approximately 0.05g of Melopon in a one-time injection machine, a local mental medicine, into a single-time injection machine; (b) and then melting the Defendant’s arms.
2. On September 17, 2015 or September 18, 2015, the Defendant administered phiphonephones in the Daegu-gu F around 22:00, in the same manner as paragraph (1) from 208 to 1.
[Fact of the cause of the medical care and custody] The Defendant was addicteded to the phiphone, which is a local mental medicine, and was punished twice for the crime of violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on May 28, 2015 by imprisonment with prison labor for the crime of violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on two occasions in February, 2015. However, the Defendant committed the crime of the phiphone medication during the period of the above suspension of execution, and there is a need to receive medical treatment at the medical care and custody facilities for the treatment of phiphonephone addiction
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A report on investigation (calculated amount additionally);
1. Court rulings, requests for observation of protection, etc. (a list of evidence Nos. 3);
1. Response to a request for appraisal;
1. Written inquiry (A)
1. Necessity of the medical care and custody in the judgment and risk of recidivism: The following circumstances revealed by the evidence as seen earlier, namely, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment by means of the scopon medication on February 1, 2013. Nevertheless, the Defendant was sentenced to a suspended sentence of two years by administering four penphones within the short period from November 12, 2014 to February 11, 2015, and again sentenced to a suspended sentence of two years on May 28, 2015, and the instant crime committed during the suspended sentence of two years.