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1. The defendant shall be punished by imprisonment for six months;
2. 495,00 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
The defendant is not a person handling narcotics.
1. On December 30, 2014, at E’s house located in Mapo-gu Seoul Metropolitan Government D apartment 104 Dong 817, the Defendant: (a) received approximately KRW 400,000 in cash from E, and, in return, received approximately KRW 1g of psychotropic drugs, psychotropic drugs (one penphone; hereinafter referred to as “written phone”).
Accordingly, the defendant purchased and sold philophones.
2. The Defendant injected a philophone medication into one-time injection machine with approximately 0.1g of philophones purchased, such as paragraph 1, at the same time, at a place as in paragraph 1, and in a dilution with raw water.
Accordingly, the Defendant administered philophones.
3. At around 22:00 on January 4, 2015, the Defendant received approximately 0.5g of phiphones from the above E in the street near the entrance of the Gangnam-gu Seoul F subway Station.
Accordingly, the defendant accepted philophones.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's statement concerning E;
1. Details of currency;
1. Application of Acts and subordinate statutes to written appraisal;
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Calculation of the additional collection amount under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: 400,000 won (the purchase price for 1g philophones) = 95,000 won (the nationwide average smuggling transaction price for 0.5g g philophones) = 495,00 won / (the scope of recommending punishment / 495,00) 2 crimes in the aggravated area (1 to 3 years) of category 3 (b) (1 to (c) and (c) of the Aggravation area (1 to 3 years) [the scope of recommending punishment] of the same previous offense (not less than 3 years of probation), purchase, brokerage, etc. of medication, etc. [the scope of recommending punishment] of the mitigated area (8-1 year and 6 months (the items (b) and (c) of this subparagraph] of category 2 (the purchase for simple possession, or the same type (not less than 3 years) of the previous offense).