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A defendant shall be punished by imprisonment for not more than ten months.
A penalty of KRW 100,000 shall be collected from a defendant.
Reasons
Criminal facts
The Defendant, at the Changwon District Court on July 25, 2014, sentenced to one year of imprisonment and two years of suspended sentence for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on August 2, 2014 and is currently under suspended sentence.
Around 18:00 on June 14, 2015, the Defendant administered approximately 0.03g of psychotropic drugs, in the office of the Defendant Kimhae-si, a Megatoo (hereinafter referred to as “diphone”) in the manner of drinking in water.
Summary of Evidence
1. Defendant's legal statement;
1. Seizure records;
1. Written appraisal of narcotics;
1. A report on investigation (calculated additional charges);
1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of period of suspension of execution);
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;
1. Selection of imprisonment with prison labor chosen;
1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] Medication Type 3 (1 to 3 years) (1 to 3 years), the area of aggravation (1 to 3 years), the area of aggravation (1 to 1 year), [3 years] of the same criminal records (1 to 3 years of suspension of execution] - The circumstances that are disadvantageous: The fact that the criminal records of the same kind of crime (including marijuana-related crimes) are several times, the fact that they are committed during the period of suspension of execution of the same kind of crime (including marijuana-related crimes), the fact that they are committed during the period of suspension of execution of the same kind of crime - The fact that they are led to confession and reflect: The fact that they are committed during the period of suspension of execution