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A defendant shall be punished by imprisonment for a term of one year and two months.
Of seized evidence Nos. 3 and 4 (except for Metepha ambauls consumed for appraisal).
Reasons
Punishment of the crime
[Criminal history] On July 24, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on July 2, 2015 and completed the execution of the said sentence on July 2, 2016.
[Criminal facts] The Defendant is not a narcotics handler
1. On July 23, 2018, at around 20:0, the Defendant, located in the Defendant’s house located in Busan Dong-gu, Busan, put about 0.05g of Mesophical mental medicine (one philopon; hereinafter “philopon”) into a single-use injection machine, dilution with water, and injected with arms.
2. On July 27, 2018, the Defendant, at around 20:0, administered approximately 0.05g of phiphones into a single-use injection machine, dilution them with water, and injection them into arms at the places described in paragraph (1).
3. On August 4, 2018, at around 02:00, the Defendant administered approximately 0.05g of phiphones into a single-use injection machine, dilution them into the arms after dilution with water at the places described in paragraph 1.
4. On August 5, 2018, at around 21:30, the Defendant administered approximately 0.05g of phiphones into a single-use injection machine, dilution them with water, and injection them into arms at the places described in paragraph (1).
5. On August 6, 2018, around 11:40, the Defendant: (a) stored approximately 0.79g of philopon in three plastic paper in the inner room of the above Defendant’s residence; (b) stored the Defendant in a fluorial finger, and then placed the Defendant in a way of keeping the Defendant in a fluorial finger.
Summary of Evidence
1. Statement by the defendant in court;
1. A response to each request for appraisal, a statement of narcotic appraisal, and a report on investigation (calculated additionally);
1. Police seizure records and list of seizure;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and confirmation of the investigation process (the crime during the period of repeated crime, confirmation of the same record) by statutes;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
1. Article 35 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc.;