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A defendant shall be punished by imprisonment for not less than one year and six months.
10,000,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On April 28, 2009, the Defendant was sentenced to one year and six months for the violation of the Act on the Control of Narcotics, etc. in Busan District Court's Dong Branch, and completed the execution of the sentence in the official prison on July 6, 2010.
Defendant is not a narcotics handler.
1. At around 23:40 on December 5, 2010, the Defendant received 400,000 won as the purchase price for psychotropic drugs from AF in the vicinity of AE located in the city of Busan, and received 400,000 won as the purchase price for opon, from Q who was waiting for a vehicle in its surroundings and received about 10 gramopon from AF, and then delivered 10 gramopon to AF.
As a result, the Defendant assisted the trade between AF and Q in Q.
2. On January 31, 2012, around 18:30, the Defendant: (a) purchased and sold a 8.5g philopon from a passenger car stopped near the Seo-gu, Seo-gu, Busan, by receiving KRW 6 million from AG for the purchase price; and (b) purchased and sold 8.5g philopon from AG.
Summary of Evidence
1. Statement by the defendant in court;
1. Each prosecutor's interrogation protocol and copy of the accused, AG, AH, and AI;
1. Each prosecutor's protocol of statement concerning AG and AF;
1. A criminal investigation report (a copy of passbook of a national bank;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on attachment of the same criminal records);
1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The Defendant was sentenced to punishment for the same crime even though he was sentenced to punishment for the crime under the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. (Article 67 (2) of the former Act on the Control of Narcotics, Etc. (Article 67 (1) of the sales price of KRW 4 million).