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A defendant shall be punished by imprisonment for one year.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[criminal history] On June 19, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act (competence), etc. at the Suwon Gan prison, and completed the execution of the sentence on October 30, 2015.
[Criminal facts] The Defendant is not a narcotics handler
1. On June 18, 2017, the Defendant violated the Act on the Control of Narcotics, Etc. due to the Purchase of Handphones (fluence) received one injection device containing a volume of 00,000 won in cash from E in the number of 'Dcomto' located in Seo-gu Incheon Metropolitan City, Seo-gu, and one cloptop (hereinafter referred to as 'lopon'; hereinafter referred to as 'lopon'), a local mental medicine, around 0.7g.
Accordingly, the defendant purchased philophones.
2. On June 18, 2017, the Defendant violated the Act on the Control of Narcotics, Etc. due to the administration of philopon (flopon) administered once by inserting and mixing 0.1g price among philopon purchased, as described in paragraph (1), in the Defendant’s dwelling located in Songpa-gu Seoul Metropolitan Government Flopon 501.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of suspects of E or G;
1. A criminal investigation report (Attachment of telephone conversations between a suspect and E, etc.);
1. Previous convictions in judgment: Inquiry about criminal history, current status of confinement, and application of Acts and subordinate statutes to investigation reports;
1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment
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. Taking into account the following factors: (a) the fact that he/she repeats the offense for a repeated offense for the same kind of offense for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.; (b) the fact that the offense prosecuted is divided for simple medication;