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A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
[Criminal Power] On October 20, 2015, the Defendant, at the Gwangju District Court, sentenced 1 year and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Port Prison on April 21, 2016.
【Criminal Facts】
The defendant is not a person handling narcotics.
On August 22, 2018, at around 06:30, the Defendant administered approximately 0.07 grams (one-time medication) in the D U.S. car parked on the front side of the Busan Northern apartment Cdong, in a way that melts the water into the water.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of narcotics and a report on the results of the preliminary test for narcotics;
1. Records of seizure and the list of seizure;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of written judgments and current status of personal confinement);
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the medication, simple possession, etc. (the area of increase in the number of years (one to three years) - Persons under special guard (one to one year) - Persons under special guard: previous convictions for the same kind of crime (a suspended sentence of not more than three years);
2. The fact that the Defendant, as stated in the first head of the crime, has been sentenced to imprisonment with prison labor for a year and six months for the same criminal record and has been released from the prison for the same criminal record and again commits the instant crime during the period of the repeated crime, including the fact that he/she again commits the instant crime, and that he/she has the same criminal record of six times in total (4 times of actual punishment, one time of suspended execution, and one time of a
Based on these circumstances, the instant crime is a single simple medication, the means and consequence of the instant crime, the background leading up to the instant crime, the time interval between the same criminal records and the instant crime, the circumstances after the instant crime, other criminal records, the age, character, conduct, environment, family relationship of the Defendant.