A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

[criminal history] On November 27, 2015, the Defendant was sentenced to 10 months of imprisonment with labor for a violation of the Narcotics Control Act (competence), etc. by the Incheon District Court on June 3, 2016. On January 18, 2018, the Defendant was sentenced to six months of imprisonment with labor for a special injury by the Incheon District Court on March 31, 2018 and the judgment became final and conclusive on March 31, 2018.

[2] Even if the Defendant is not a narcotics handler, the Defendant issued a single-use injection machine, which is one of approximately 0.05 g of the mematic drugs, to E, from the vicinity of the D branch of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu around Nov. 1, 2017, in the vicinity of D branch of Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol (two times) concerning suspect interrogation of E;

1. A investigative report (related to the price for cancer transactions and collection of narcotics);

1. Previous convictions: Application of a reply to inquiries, such as criminal history, investigation reports (the confirmation of crimes during the period of repeated crimes), investigation reports (the copy, etc. of separate judgments), and statutes;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 (hereinafter “Criminal Procedure Act”) shows the appearance of the accused who led to the confession and the mistake.

The amount of philopon delivered by the defendant is relatively large.

Since the criminal record due to the defendant's crime and the special injury crime committed by the defendant is one of the concurrent crimes after Article 37 of the Criminal Code, it is necessary to consider the balance of the punishment and the judgment at the same time.

However, the defendant has a record of being sentenced to 11 times criminal punishment, and is punished seven times for narcotics-related crimes, and in particular, it is very high that the crime of this case is committed again during the repeated crime period.

. The above.