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A defendant shall be punished by imprisonment for a term of one year and two months.
1,700,000 won shall be additionally collected from the defendant.
Of the facts charged in the instant case.
Reasons
Punishment of the crime
[Criminal Records] On May 7, 2015, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Western District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on November 24, 2015.
[2015 Highest 4113] The Defendant is not a narcotics handler.
Nevertheless, around November 27, 2014, the Defendant received KRW 700,000 from D in a park located in Geumcheon-gu Seoul Metropolitan Government, and sold approximately 0.7g of Mesophical drugs (one philophone; hereinafter “philophone”) to D.
Accordingly, even though the defendant is not a narcotics handler, he traded phiphones.
[2015 Highest 5249] The Defendant treated narcotics as follows even if he is not a narcotics handler.
1. On April 2013, the Defendant: (a) issued and sold 300,000 won from D in the vicinity of Guro-gu Seoul Metropolitan Government E Station and 0.3g of philophones in the part of a single-use injection machine.
2. Around April 17, 2013, the Defendant provided 01:00 philophones without compensation to D in front of G Mart located in Gangnam-gu Seoul, Gangnam-gu, with approximately 0.2 g of philophones located in the part of G Mart.
3. Medication of phiphones.
A. On August 2013, 2013, around 22:00, the Defendant, along with I and J, injected approximately 0.03g of philopon into a single-use injection machine and dilution them into the arms, and administered them in a way of injection.
B. On September 20, 2013, around 22:00, the Defendant injected approximately 0.03g of philopon into a single-use injection machine with I and J, respectively, and dilution into the arms, and administered them in a way of injection.
(c)
around 24:00 on October 2013, the Defendant, along with I and J, injected approximately 0.03g of philopon into a single-use injection machine and dilution into the arms, respectively, at around 24:00, the Defendant administered them by means of injection.
(d)
The Defendant is against the Mapo-gu Seoul Metropolitan City Lane around 03:00 on November 2013.