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A defendant shall be punished by imprisonment for four months.
480,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional collection charge.
Reasons
Punishment of the crime
【Criminal Power】 On December 27, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Suwon District Court’s Ansan Branch on December 27, 2012 and completed the execution of the sentence at the Incheon Detention Center on March 14, 2014.
【Criminal Facts】 The Defendant is not a person handling narcotics.
1. On September 12, 2014, the Defendant provided Category C with approximately 0.4g of the merpter (one philopon; hereinafter referred to as “philopon”) located in the part of the mutual infinite located in Bupyeong-gu, Incheon Metropolitan City.
2. On October 30, 2014, the Defendant provided E with approximately 0.2 gramphonephones from the cross-dissecting telephones located in Incheon City D on a free basis.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of a protocol of police interrogation regarding E;
1. Statement to C by the police;
1. A report on investigation (the particulars of calculation of an additional collection charge);
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a written judgment and attachment of personal confinement status);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The punishment shall be determined by taking into consideration the following factors: (a) the fact that a person repeats a repeated offense for the same type of punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the records of the same crime; and (c) the frequency of the crime