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A defendant shall be punished by imprisonment for not less than one year and six months.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[Criminal Power] On April 18, 2012, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on April 18, 2012, and on February 6, 2013, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties, etc. at the Daegu District Court Port Branch Branch, and completed the execution of the final sentence at the port prison on April 20, 2014.
【Criminal Facts】
1. On August 2, 2014, the Defendant sold and purchased narcotics, etc. by selling approximately 0.15 grams of psychotropic drugs to E, prior to the D restaurant located in Busan, for approximately KRW 0.15g of psychotropic drugs (hereinafter “clopon”).
2. Although the Defendant is not a narcotics handler, the Defendant administered narcotics, from April 6, 2015 to April 16, 2015, in a way such as injecting the philopon’s dypon’s body using a scopon injection device, or drinking drinking water, etc. between the Plaintiff and the Plaintiff from April 6, 2015 to April 16, 20
Summary of Evidence
1. The defendant's legal statement (in cases of paragraph (1) above, part of the facts);
1. A protocol concerning the examination of the accused by the prosecution (including the E substitute part);
1. Copy of the protocol concerning suspect interrogation of E;
1. Seizure records;
1. Investigation report (investigative report - Metetracing result - training of Metetrapists);
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the date of judgment and investigation records by day and by day);
1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;
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. The penalty shall be additionally collected for the crimes of category 1 [the scope of recommendations], the sales brokerage, etc. for the reasons under the proviso of Article 67 of the Act on the Control of Narcotics, etc., and the crimes of Category 2 (1 year and 6 months to 4 years) [the scope of recommendations] and the crimes of Category 3 (2) and 3 (3 years to 1 year and 3 years), including medication, simple possession, etc.] and the aggravated area (1 year to 1 year and 3 years) of the Act on the Control of Narcotics, etc.