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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2. 203,00 won shall be additionally collected from the defendant.
3. The above additional collection charge.
Reasons
Punishment of the crime
[Criminal Power] On March 15, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul High Court on January 15, 201, and completed the execution of the sentence on February 25, 2018.
【Criminal Facts】
A person other than a person handling narcotics shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, give or receive, trade, arrange for trade of, or offer psychotropic drugs, and the defendant shall not be a person handling narcotics.
1. Violation of the Narcotics Control Act;
A. On July 2, 2019, at around 19:00, the Defendant administered approximately 0.1g of the Michuhol-gu Incheon Metropolitan City C building, and the Meptacule in D (one-name “philopon”; hereinafter “philopon”) with tap water, in a way of dilutioning it with water, and injection it into the spopher.
B. Around March 6, 2020, the Defendant administered approximately 0.05 grams in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, by dilution with beer.
2. The Defendant violated the Act on the Control of Narcotics, etc. (mariju) smoked with a fire of about 0.5g of marijuana at the time and place specified in paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. Results of inquiries into each narcotics appraisal report, gene appraisal report, and DNA information of detained suspects;
1. Each protocol of seizure and each list of seizure;
1. Records before and after judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of power), and application of Acts and subordinate statutes;
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 of the Act on the Control of Narcotics, Etc., Selection of Imprisonment), Article 61 (1) 4 (a) and Article 3 (10) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the same Act on the Control of Narcotics, etc., of Crimes
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.