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A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
The provisional payment of the amount equivalent to the above additional charges shall be made.
Reasons
Punishment of the crime
[criminal history] On December 11, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on February 26, 2018 and completed the execution of the sentence at the Cheongju Prison on February 26, 2018.
[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metepopty (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows.
1. On April 1, 2018, the Defendant: (a) taken a single-use injection device containing approximately 0.05g philophones from the nameless male, which he/she became aware of through smartphone-making app in the mutual influence room in Yongsan-gu Seoul, Yongsan-gu, Seoul; and (b) injected philophones in a way of injecting them into the Defendant’s selling blood line.
2. On April 30, 2018, the Defendant, at the seat of the new wall in Gangnam-gu Seoul Metropolitan Government D’s hotel, administered a philopon with a method of inserting a philopon to a glass machine by inserting a philopon with a scopon with a scopon with a scopon with a scopon with a scopon with a scopon with a scopon with a scopon with a scopon with a scopon with a scopon (one scopon with a single scopon method).
Summary of Evidence
1. Statement by the defendant in court;
1. Records of seizure (Evidence No. 27), list of seizure (Evidence No. 28);
1. A written appraisal of each drug;
1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (in the form of the judgment and the personal confinement status), text of the judgment (in the 2015 High Court Decision 828, 2015 High Court Decision 828, 2015No 3606, 2016Do4102), application of statutes to the status
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.