Text
1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2. Nos. 1, 2, 5 through 28 of the evidence seized.
Reasons
Punishment of the crime
On February 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Suwon District Court on February 14, 2013 and completed the execution of the sentence in the Gwangju Prison on June 18, 2014.
1. Around November 22, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (marijuana) committed a smoking in the manner that, around 18:30, at the home of the Defendant, 301 of the Northern-gu Busan, the Defendant 301 of the building C in Busan, put about about 0.1g of the tobacco, put about about 0.1g of the hemp on the spot, put the smoke into the corresponding place, added a smoke.
2. The Defendant is not a person handling narcotics, etc.
At around 18:40 on November 24, 2014, the Defendant, at the home of the above Defendant, administered approximately 0.03 g of psychotropic drugs, in a single-use injection machine, in a way that the Defendant injecteds approximately 0.03g of psychotropic drugs to the left part.
B. The Defendant above A.
At around 18:50 on the same day, D provided approximately 0.03 g of philophones free of charge.
C. The Defendant above A.
At around 19:00 on the same day, approximately 6.52 g of philophones were kept in a single-use injection device.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Records of seizure, reports on requests for appraisal (No. 1-28), reports on requests for appraisal, and photographs thereof;
1. An investigation report (related to the calculation of additional collection charges);
1. Previous convictions in judgment: A inquiry report on criminal records, etc., personal confinement status, investigation report (verification of the date of release from office, and attachment of judgment) and the application of statutes;
1. Articles 60 (1) 2, 4 (1), 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the point of possession of psychotropic drugs), 61 (1) 4 (a), and 3 subparagraph 10 (a) of the same Article (the point of smoking marijuana) of the Act on the Control of Narcotics, etc. concerning the relevant criminal facts;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 67 of the Act on the Control of Narcotics, etc.