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A defendant shall be punished by imprisonment for two years.
Seized evidence of subparagraphs 1 through 3, 7, 10, and 13 shall be confiscated, respectively.
Reasons
Punishment of the crime
[criminal history] On April 21, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 21, 2017, and completed the execution of the sentence at the Jinju Prison on December 18, 2017.
[Criminal facts] The Defendant is not a narcotics handler
1. Receipt of Handphones;
A. On January 27, 2018, at the Defendant’s residence located in Busan-gu apartment, Busan-do, and 105 Dong 2601, the Defendant provided D with a single-use injection machine with approximately 0.1g of mematic drugs (i.e., one philopon; hereinafter “philopon”), one melopon, free of charge, and received melopon.
B. On April 25, 2018, at the same place as indicated in paragraph (a) of No. 1, the Defendant: (a) provided D with a single-use injection device containing approximately 0.05g philopon without compensation; and (b) received and delivered philopon.
2. Medication of phiphones.
A. On January 29, 2018, at the same place as indicated in paragraph 1(a) around 22:00, the Defendant administered phiphones by means of inserting approximately 0.1g of phiphones into a single-use injection machine and dilution with biocompons into arms.
B. On May 2, 2018, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine and dilution with raw water at the same place as indicated in paragraph 1(a) around May 22, 2018.
3. On May 23, 2018, the Defendant, at around 14:44, at the same place as indicated in No. 1-A at around 14:44, the Defendant, with a intention to administer approximately 5.83 g in total of plastic phones, into the Defendant’s bags and insulars, with a view to administering approximately 5.83g insulars insulars, and insulars, safes, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness D;
1. Each protocol concerning the examination of the accused by the prosecution (including the parts concerning the statement of D);
1. Copy of the protocol concerning suspect interrogation of E by the prosecution;
1. A protocol of seizure and a list of seizure;
1. Results of inquiries into each gene appraisal document and detained suspect DNA personal information;
1. A written appraisal of each drug;
1. A copy of the indictment;
1. A report on investigation (calculated additional collection charges);
1. A previous conviction in judgment: