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A defendant shall be punished by imprisonment for six months.
719,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[criminal history] On July 13, 2012, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act at the Seoul High Court’s Seoul High Court for three years and six months, and on March 25, 2015, the Defendant’s past record reached six times, including the termination of the execution of imprisonment with prison labor at the interest prison.
[Criminal facts] The Defendant is not a narcotics handler
1. On March 27, 2016, at around 15:00 to 17:00, the Defendant found the non-explosion of DNA apartment 107-dong 317, located in Yeonsu-gu Incheon Metropolitan City, and discovered mecopon (hereinafter “copon”), which is a local mental medicine, at the Defendant’s home, used approximately 0.05g of the said phiopon in a single-use injection machine, and dilution with water, and administered the mecopon medicine by taking it into the Defendant’s left arms.
2. On March 29, 2016, the Defendant: (a) kept the Defendant’s Lone Star Car parked in the F parking lot located in Cheong Government-si E on March 29, 2016 in a single-use injection machine; and (b) possessed a local mental medicine by storing approximately 0.29g of Handphones in a single-use injection machine.
Summary of Evidence
1. Statement by the defendant in court;
1. Written consent to the collection of urine maternity;
1. A written confirmation of inspection by a private person;
1. Each request for appraisal or reply to a request for appraisal;
1. Each protocol of seizure, list of seizure, evidence of seizure, and photographic materials of seized articles;
1. Application of Acts and subordinate statutes to each investigation report (case of notification of the respondent's scopic country and the result of preliminary investigation, confirmation and investigation of the weight of cophophones for the suspect, attachment of monthly trends to narcotics, and case of response to verification of Maternal and Maternal verification
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Imprisonment with prison labor;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is limited to the amount of penphone medication and custody of the defendant in the instant crime.