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A defendant shall be punished by imprisonment for not less than one year and six months.
1,750,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[criminal history] On April 2, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Juvenile Protection Act (e.g., deceptive scheme) at the Seoul Central District Court on April 2, 2013. On April 1, 2014, the Defendant completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution.
[2] In a case where a criminal defendant committed an identical crime in collusion with another person to the extent that it does not pose a substantial disadvantage to the defendant's exercise of his/her right to defense, it is not necessary to amend a bill of indictment in a case where it is not likely that the defendant would be at a disadvantage by causing a misunderstanding of the facts charged (see, e.g., Supreme Court Decision 2007Do309, Apr. 26, 2007). Article 2015Da1568, supra, the defendant committed the following crimes in collusion with D.
1. The Defendant committed the crime of October 31, 2014: (a) around 05:00 on October 31, 2014, at the top of a F hotel in Geumcheon-gu Seoul, Geumcheon-gu; (b) around five grams of mert clocks (one philopon; hereinafter hereinafter referred to as “copon”) containing vinyl flocks in G; and (c) received KRW 1 million from G in return.
Accordingly, the Defendant, in collusion with D, sold phiphones, which are a local mental medicine even though he is not a handler of narcotics.
2. The Defendant committed the crime of November 1, 2014, around 12:30 on November 1, 2014, around the entrance No. 7 in the Gwanak-gu Seoul Special Metropolitan City HH station, and around 10 grams of philophonephones contained in vinyl paper to G, and in return, received KRW 2 million from G.
Accordingly, the Defendant, in collusion with D, sold phiphones, which are a local mental medicine even though he is not a handler of narcotics.
3. The Defendant committed the crime of November 2, 2014, around 00:05, around November 2, 2014, around the entrance No. 13 in Seocho-gu Seoul Metropolitan Government I Station, and around 10 grams of philophonephones contained in vinyl paper to G, and in return, received KRW 2 million from G.
Accordingly, the defendant is not a handler of narcotics in collusion with D.