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A defendant shall be punished by imprisonment for six months.
10,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
[criminal history] On November 11, 2008, the Defendant was sentenced to seven years of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul High Court, and one year of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul High Court on May 20, 2009, and completed the execution of each of the above punishment on July 11, 2015. On August 4, 2017, the Defendant was sentenced to two years of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on March 9, 2018.
[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around January 18, 2017, at the D hotel coffee shop located in Busan Jin-gu, Busan around 12:30, the Defendant provided approximately 0.05g of Mesofts (the cloudopopon), a local mental medicine, to E.
Summary of Evidence
1. Partial statement of witness E;
1. Statement made by the prosecution against E;
1. Each investigation report (with regard to the revision of the date of crime, attachment of monetary records, determination of credibility of the E statement, price of narcotics transaction, and collection of additional charges);
1. Previous convictions as indicated in the judgment: The application of criminal history inquiries, personal confinement status, investigation report (report on the progress of trials by suspect), copy of the judgment of the Incheon District Court 2017 High Court Order 1379 High Court Order 2017 High Court Order 2951 High Court Order 2017 High Court Order 2017 High Court Order 2951, and prosecution documents (i.e., March 29, 2
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant does not have any fact that he talks with E or delivers phiphones to E at the time and place indicated in the judgment.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the E prosecutorial statement that received phiphones from the Defendant, as indicated in the judgment, is presented.