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A defendant shall be punished by imprisonment for one year.
30,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On December 21, 2007, the Defendant was sentenced to one year of imprisonment and three years of suspension of execution for violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on December 21, 2007, and was sentenced to one year of imprisonment for the same crime at the Incheon District Court on November 10, 201, and completed the execution of the sentence at the original prison on August 6, 201.
Notwithstanding that the Defendant is not a narcotics handler, the Defendant:
1. On September 6, 201, the Defendant conspiredd to purchase C and psychotropic drugs Mespopon (hereinafter referred to as “copon”), and issued KRW 400,000 to E on the first floor of the Yeonsu-gu Incheon Metropolitan City D building, and purchased KRW 0.5g of Mespopon from that person.
2. In collusion with C, the Defendant: (a) contained approximately 0.1g of philophones purchased in the toilet of the Yeonsu-gu Incheon Metropolitan City F Hospital; (b) mixed them with water into two for a single-use injection machine; and (c) injected philophones by means of injecting them into their own arms.
3. On August 28, 2012, the Defendant, at around 15:00, administered a phiphone in a way that puts approximately 0.03g of philophones delivered from I in a single-use injection machine from the toilet of “H adult game room” operated by the Defendant in Gyeyang-gu Incheon Metropolitan City, into the Defendant’s arms by dilution with water.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The second prosecutor's statement concerning C;
1. Entry of C in part of the first prosecutor's statement concerning C;
1. A statement on narcotics appraisal and a statement on narcotics appraisal;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of the judgment attached thereto and confirmation of the date of release);
1. Article 60(1)3 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201) and Articles 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Sep. 6, 201); and Articles 60(1)2, 4(1), and 2 of the Act on the Control of Narcotics, Etc.