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A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence No. 3 shall be confiscated.
340,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
The defendant is not a person handling narcotics.
1. On July 26, 2013, around 22:30 on July 26, 2013, the Defendant purchased and sold a single-use injection phone containing approximately 0.1g of approximately KRW 0.1 gram of psychotropic drugs, the price of KRW 60,000 from E, and KRW 110,000 from F, respectively, and approximately KRW 0.1g of psychotropic drugs.
2. The Defendant used philophones by injecting 0.1g of philophones contained in water in one-time injection machine at the request of the above E at the same time and place as referred to in the preceding paragraph.
3. On August 2, 2013, around 22:30 on August 2, 2013, the Defendant purchased and sold 60,000 won from E at “D” telephones near Bupyeong-gu Incheon, Incheon, and 110,000 won from F, respectively, and 2 disposable philophones containing approximately 0.1g of philophones.
4. The Defendant used philophones by inserting approximately 0.1g of philophones contained in water in one-use injection machine upon the request of the above E at the same time and place as referred to in the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. The entry of F and E in the prosecutor's statement concerning F;
1. A copy of each protocol of suspect examination of F and E by the prosecution;
1. Seizure records;
1. Application of Acts and subordinate statutes to photographs, including the details of payments and the Kakao Stockholm;
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 facts constituting an offense, and the choice of imprisonment, respectively;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
4. The defendant on the grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., was sentenced to a suspension of the execution of two years and six months in the Chuncheon District Court on March 26, 2013, and sentenced to a suspension of the execution on April 3, 2013.