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A defendant shall be punished by imprisonment for not less than one year and six months.
480,000 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 February 6, 2013, the Defendant was sentenced to imprisonment of one year and six months for a violation of the Narcotics Control Act at the Incheon District Court on February 6, 2013. On February 6, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Jung-gu District Court on February 6, 2014, and completed the execution of the sentence in the lawsuit of the first intersection of the North Korean Branch on December 23, 2014.
1. On April 23, 2015, the Defendant committed the crime of Apr. 23, 2015, at around 23:30, around D’s home located in the Nam-gu Incheon Metropolitan City, the Defendant: (a) laid the disposable injection machine with approximately 0.1g of mematic mental medicine (one philopon; hereinafter “philopon”); (b) 180,000 won in return for the Dolopon.
Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.
2. On May 2, 2015, the Defendant committed the crime on May 2, 2015, 2015: (a) 1 disposable injection equipment with approximately 0.1g of philopon to D in the D’s NA car parked in front of the Defendant’s home located in Jung-gu Incheon Metropolitan City, Jung-gu; and (b) 200,000 won in consideration of D.
Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.
3. On November 22, 2015, the Defendant committed a crime on November 22, 2015, in which he included approximately 0.1g of philopon in G theater toilets located in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and injected into the Defendant’s arms by inserting and dilution it into a disposable injection machine with approximately 0.1g of philopon.
Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspects of D by the prosecution;
1. Seizure records;
1. A response to a request for appraisal and a report on narcotics appraisal;
1. Investigation report (Analysis and report of monetary details);
1. A report on investigation (related to the calculation of an additional collection charge);
1. Previous records: Application of the Acts and subordinate statutes to the records of inquiry, personal identification and current status of confinement;
1. Article 60(1)2, Article 4(1), and Article 2 subparag. 3 of the Act on the Management of Narcotics, Etc., for the sake of criminal facts and the selection of punishment.