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A defendant shall be punished by imprisonment for a term of one year and eight months.
1,100,000 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
On April 10, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on April 10, 2013, and completed the enforcement of the said sentence on May 25, 2014.
1. Sale of Mactopphones (one philophones; hereinafter referred to as "philophones");
A. On August 2015, the Defendant: (a) opened a 0.4g gram of philophonephones in front of the D Station located in Incheon Southern-gu, Incheon, to E in the front of an officetel near the D Station; and (b) received cash 200,000 won from E in return.
B. On October 3, 2015, the Defendant, at the foregoing place, 300,000 won in cash from E in consideration of the philophone 0.8gopon contained in the one-time in E, and received from E in return for the said place.
(c)
The Defendant: (a) around October 16, 2015, at the same place as above, 0.8g of philophones entering E in a single-use divers, and, in return, received KRW 400,000 in cash from E.
Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold 2 grams of philophones, which are a local mental medicine, over three times.
2. Provision of Handphones;
A. On December 2015, 2015, the Defendant sent approximately 0.07 grams to E without compensation at the same place as above.
B. On December 19, 2015, the Defendant, at the same place as above, provided approximately 0.07 grams to E with a philopon which is contained in a single-use in the same place.
Accordingly, even if the Defendant is not a narcotics handler, he provided 0.14g total 0.14gs, which is a local mental medicine, twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspects of E by the prosecution;
1. Statement made by the prosecution against E;
1. E statements;
1. A report on investigation (related to the analysis of monetary details and account transactions), each currency content, and each account transaction details;
1. A report on investigation (calculated additional collection charges);
1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;
1. Relevant Articles of the Act concerning the facts constituting the crime;