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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence No. 1 shall be confiscated.
80,000 won from the defendant.
Reasons
Punishment of the crime
[Majority-related relationship] On January 7, 2016, the Defendant was sentenced to one year to imprisonment for a violation of the Narcotics Control Act at the Busan District Court on the ground of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said sentence on October 5, 2016.
[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Metrophographs (cophophones, hereinafter “copphones”) of a local mental medicine as follows.
1. On December 2016, the Defendant sold approximately KRW 600,000,000 from the Defendant’s house, No. 301, 108, 301, 301, 100,000, to D, on a first-come-served basis.
2. Receipt of Handphones;
A. At around 11:00 on December 21, 2016, the Defendant issued approximately 1g of philopon to D at the home of the above Defendant’s office.
B. On December 26, 2016, at around 17:57, the Defendant issued approximately 0.2g philopon to D from the above Defendant’s home.
3. Around December 21, 2016, the Defendant administered a philophone medication by inserting approximately 0.03g of philophone into a single-use injection machine at the above C apartment house 301, the front shopping district, and melting it into the water.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspect of the police against D;
1. Protocols of seizure and list of seizure (lists of evidence 14, 15);
1. Written appraisal of each narcotics (the white-dried end, urine, urine, and hair);
1. Previous relationship: References to inquiries, such as criminal history, and application of Acts and subordinate statutes as a result of prisoners search;
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;
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. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. According to the records of the proviso of Article 67 of the Narcotics Control Act (80,000 won = 600,000 won for the sale of 1g phiphonephones, D is given approximately 100,000 won for each phiphonephones, and D is given approximately 0.03 g for one time after he was given a delivery of approximately 1g of phiphones from the Defendant on December 21, 2016.