A defendant shall be punished by imprisonment for six months.

400,000 won shall be additionally collected from the defendant.

The above additional collection shall be reasonable.

Punishment of the crime

1. On April 18, 2016, the Defendant purchased philophones in front of “M” near L Station located in Dongdaemun-gu Seoul, and sold philophones after receiving a disposable injection device with approximately KRW 0.7g of philophones by paying 80,000 to N via a person with no name tag, and selling philophones.

2. At around 22:00 on April 19, 2016, the Defendant conspired with B, in collusion with B, recommended B to administer phiphones, and the Defendant consented to B, after inserting approximately 0.1g of phiphones into two in a single-use injection machine, and dilution with water, the Defendant injected one of them into the Defendant’s arms blood line, and injected the remainder into B’s arms blood line.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of suspect examination of N in the police;

1. Application of Acts and subordinate statutes to a copy of an appraisal request;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Prevention of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. (Supreme Court Decision 2010Do8764 Decided October 28, 2010), the amount additionally collected is KRW 400,000 (i.e., the national average retail of 0.7g philophones as of August 2016) (see Supreme Court Decision 2010Do8764, Oct. 28, 2010).

1. The sentencing sentencing guidelines of Article 334(1) of the Criminal Procedure Act, based on the classification of sentencing guidelines for sentencing order, are set to two basic aggravated factors.

Items c) and c.

목 8월 ~ 1년 6월 1년 ~ 2년 1년 6월 ~ 4년 제1범죄(필로폰 매매) 특별양형인자 : 감경요소(투약목적 매수, 자수, 중요한 수사협조) ⇒ 권고형량 : 특별감경영역(4월 ~ 1년 6월) 일반양형인자 :...