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A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On June 22, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Seoul Northern District Court on April 21, 2018, and completed the execution of the sentence at the Seoul Eastern Detention Center.
1. On June 10, 2018, the Defendant: (a) around 13:26, the Defendant destroyed and damaged property, without any particular reason, divided a red champ presse into DKaman car owned by the victim C, which was parked at the front of the Seoul Western-gu, Seoul, Seoul, and made the free windows, etc. of the said car clear.
As a result, the Defendant harmed the appearance of the said car and prevented the driver from operating it, thereby impairing the utility of the victim’s property by making approximately KRW 550,000 of the repair cost.
2. Violation of the Act on the Control of Narcotics, etc. - Medications;
A. On August 27, 2018, the first criminal defendant, around 22:20, posted approximately 0.03g of psychotropic drugs in a single-use injection machine, and injected them into the part of the defendant's arms, in the guest room of the building E in Gwangjin-gu Seoul Special Metropolitan City.
Accordingly, the Defendant administered philophones.
B. On August 28, 2018, the second criminal defendant administered approximately 0.03 grams in the same manner as 00:00 Handphones at the same place as in the preceding paragraph.
3. Violation of the Act on the Control of Narcotics, etc. (fence) - The Defendant had approximately 0.14 grams of philophones contained in vinyl packaging at the same place as (a) around 08:43 August 28, 2018, at around 08:43, 2018.
Accordingly, the defendant possessed a philophone.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The police seizure record and the list of seizure;
1. Photographs of damaged vehicles;
1. Written estimate for motor vehicle repair;
1. Response to the request for appraisal;
1. A written appraisal;
1. A report on investigation (calculated additional charges);
1. Previous records: Application of criminal records and other inquiry reports and investigation reports (verification of the date of final release)-related Acts and subordinate statutes;
1. Relevant Article 36 of the Criminal Act concerning the facts constituting an offense, the choice of imprisonment and the control of narcotics, etc.;