마약류관리에관한법률위반(향정)
Defendant shall be punished by imprisonment for a term of one year and four months.
A sum of KRW 300,00 shall be collected from the defendant.
The above additional collection charge.
Punishment of the crime
[criminal history] On August 30, 2013, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Narcotics Control Act (competence) in the Sungnam Support Center, and completed the execution of the sentence in the Red Prison on June 24, 2014.
[2] The Defendant, even if he is not a narcotics handler, dealt with the Metepha (one philopon; hereinafter “philopon”) as follows.
1. On November 7, 2016, the Defendant: (a) asked C to damage phiphones; and (b) purchased and sold phiphones with the introduction of KRW 300,000 from C in front of the entrance of Heung-gu E located in Heung-gu, Cheongju-si; and (c) purchased and sold phiphones with the introduction of KRW 300,000 from F.
2. On February 7, 2018, the Defendant administered opon administered approximately 0.03g opon on a copon in the copon’s dwelling at the Defendant’s dwelling at the 1st floor G of Sungnam-gu, Sungnam-gu, Sungnam-si, G.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each prosecutor with respect to F;
1. Each investigation report (an extract of the details of cell phone calls of a suspect involved in the crime, files, results of simple trial of the suspect's base, and calculation of additional collection charges);
1. Responses to requests for appraisal, and additional responses to requests for appraisal;
1. Details of mobile phone calls;
1. Previous convictions in judgment: Application of the written request for inquiry and the Acts and subordinate statutes concerning personal confinement;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant had a record of having been punished three times as imprisonment or imprisonment with prison labor for the same kind of crime, and that two times of which was sentenced to imprisonment.
Moreover, the defendant is sentenced to criminal punishment for the same kind of crime.