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1. The defendant shall be punished by imprisonment for four months;
2. 850,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be collected.
Reasons
Punishment of the crime
[criminal records] The Defendant had been sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Eastern District Court on February 17, 201, and completed the execution of the sentence on May 18, 2012.
Before and after the final judgment on July 9, 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 one year and four months, and the judgment became final and conclusive on September 8, 2015.
【Criminal Facts】
Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related Mesofts (one philophone; hereinafter referred to as “philophones”), as follows:
1. On July 2, 2014, the Defendant sold phiphonephones by receiving approximately KRW 0.45g of 2,50,000 from X and delivering approximately KRW 0.45g of phiphones in front of the WT in Jongno-gu Seoul Metropolitan Government.
2. On July 21, 2014, the Defendant sold phiphonephones by receiving approximately KRW 500,000 from X and delivering approximately 0.8g of phiphones.
3. On August 10, 2014, the Defendant sold phiphonephones by receiving approximately KRW 100,000 from X and delivering approximately 0.17 gramphones in front of the Zridge in Seodaemun-gu Seoul, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of each protocol of suspect examination of the police against X;
1. A report on investigation (for the purpose of specifying the date, time and place of the offense);
1. Criminal records as stated in the judgment: Criminal records, etc. inquiry report, data on case search in the Supreme Court B, court rulings (2015No 1187) and application of statutes;
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 among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act (based on calculation: 850,000 won = KRW 250,000,000,000) of the Additional Collection and Provisional Payment Order.