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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 amount equivalent to the above additional collection.
Reasons
Punishment of the crime
[Criminal history] On November 7, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on November 7, 2014 and completed the execution of the sentence on December 16, 2015.
[Criminal facts] Even if the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:
1. On May 23, 2016, the Defendant, at the C coffee shop located in Busan, Busan, on May 23, 2016, delivered to D a single floppopon, one floppopon (one philophone; hereinafter “philoopon”) approximately 0.07 g of a local mental medicine, to D without compensation.
2. At around 13:20 on May 30, 2016, the Defendant: (a) provided D with a single-use injection device containing approximately 0.05 g of Melopon (one philopon; hereinafter “philopon”), a local mental medicine, at the same place as above, the Defendant provided D with a single-use injection device without compensation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused by the prosecution (two times);
1. Copy of each protocol concerning the examination of suspect of the police against D;
1. Statement protocol of the police;
1. An investigation report (including evidence attached thereto, each time for 4, 6, 7, and each time);
1. Previous convictions: Inquiry about criminal history and application of the defendant's legal statement 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. under the relevant Act on criminal facts;
1. Selection of each sentence of imprisonment;
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 Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);
1. Crimes No. 1 for reasons of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendations] Class 2 for the aggravated area (one year and six months to four years), such as trading, arranging, etc. (the scope of punishment), / [the scope of punishment recommended] Class 2 for the same type of previous offense (the scope of punishment for the same year and not more than three years of suspended execution).