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A defendant shall be punished by imprisonment for not more than ten months.
2,50,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
【The Defendant was sentenced to two years of imprisonment for a violation of the Narcotics Control Act at the Seoul Western District Court on July 4, 2014, and completed the execution of the sentence at a permanently stationed prison on November 14, 2015.
【Criminal facts】 The Defendant is not the handler of narcotics
1. Upon request from T to request Metepha (hereinafter “philophone”), the Defendant: (a) around April 7, 2016, at the V Hospital located in Yongsan-gu Seoul; (b) around 23:30,000 won from T; and (c) sold approximately 5 g of philophone to T in around 00:40 on the following day.
2. On April 17, 2016, the Defendant purchased philophones by paying KRW 300,000 to T, and taking approximately KRW 1g of philophones.
3. On May 8, 2016, the Defendant: (a) around 22:00, around the Z basin in Gangdong-gu Seoul Metropolitan Government Y; (b) paid 100,000 won to T; (c) purchased phiphones with approximately 5 g phiphones, and issued 0.35 g of the said phiphones to T.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made on T in Grade VI narcotics investigation officials and Grade VII narcotics investigation officials;
1. A report (T) on the binding of a copy of the account transaction (T) (including one copy of the account transaction statement attached thereto);
1. The analysis of call details (T) and the report on file of letter (including one copy of the attached T-use currency content (including the sending and reverse transmission) and two copies of the base station guidance);
1. Investigation report (including confirmation of telephone conversations details and report of letter when committing a criminal suspect) (including one copy of the phone calls used in the name of the criminal defendant (including the phone calls and station calls) attached thereto);
1. Investigation report (including a copy of the indictment for A) (including a copy of the attached indictment for A);
1. Investigative report (including a copy of the judgment made to A and the protocol of interrogation of suspects) (including a copy of the attached judgment made to A or the protocol of interrogation of suspects to the prosecution);
1. Previous convictions in the judgment: Inquiry about criminal history, reporting on confirmation of release from prison, personal confinement status of A, investigation report (A copy of the judgment of repeated crime against A);