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Imprisonment with prison labor for 8 months, 1-C and 2-2 of the judgment.
Reasons
Punishment of the crime
[Criminal Records] On December 28, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (unlicensed Driving) at the Seoul Eastern District Court on June 28, 201, and the said judgment became final and conclusive on January 5, 2017.
[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metepoptopule (the clopon, hereinafter “coponon”), which is a local mental medicine, and marijuana as follows.
1. Violation of the Narcotics Control Act;
A. A. On August 9, 2016, the Defendant: (a) cut off KRW 600,000 from E on the vehicle driven by the Defendant parked in front of the Busan AF branch in Seocheon-si, Seocheon-si; and (b) sold approximately 0.7g of philopon to E from the foregoing vehicle parked in the vicinity of Seocheon-dong on the same day.
B. On October 20, 2016, the Defendant: (a) laid off the bus platform near G in Seongdong-gu Seoul Metropolitan Government, KRW 600,000 from E; and (b) sold approximately KRW 0.7g philopon to E.
(c)
On January 29, 2017, from around February 6, 2017 to around February 6, 2017, the Defendant administered philophones in an irregular way between Seoul and Blucheon-si, Seoul and Blucheon-si.
2. The Defendant, in violation of the Narcotics Control Act (marijuana), smoked in a way of spreading smoke, excluding the contents of tobacco in the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government H, around February 3, 2017 or around the fourth day of the same month, at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government H, and 0.5g of marijuana, with a fire attached thereto.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspects of E by the prosecution;
1. Statement made by the prosecution against E;
1. Response to a request for appraisal;
1. Investigation report (verification of the prices of cancer transactions for narcotics and calculation of additional collection charges);
1. His/her previous offense relationship: Inquiry into criminal records and investigation records, reporting (the latest suspension of execution of a criminal suspect and filing of a judgment before and after suspension of execution), 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 Selection and Management of Narcotics, Etc. concerning criminal facts (each phiphone);