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A defendant shall be punished by imprisonment for not less than one year and six months.
1,650,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On July 19, 2012, the Defendant sentenced the Jeju District Court to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Jeju Prison on July 27, 2012.
Notwithstanding that the Defendant is not a person handling narcotics:
1. On November 9, 2014, around 11:00, sent approximately 0.06g of psychotropic drug cambacule (tentatively referred to as “cambopon”; hereinafter referred to as “cambopon”) around Jeju Bank located in the Southern Port of Busan, to have D receive it from Jeju International Airport Cargo Office located in Jeju Airport around the same day; and
2. From November 18, 2014 to November 20, 2014, from D to November 20, 2014, 1.350,000 won was transferred from D to the Defendant’s account. On November 20, 2014, around November 20, 2014, the Defendant sent approximately 0.5g of oponon to the Defendant’s account, sent to the Seo-gu Office located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, for aviation dispatch of approximately 0.5g of oponon to D, so that D may receive it from the front line of “F” in Jeju-si, around 17:30
3. On January 18, 2015, around 19:00, the Plaintiff administered approximately 0.03 gramopon at the guest room near the Sodong Hospital located in the Youngdong-gu Busan Metropolitan City, by hanging it to the coffee.
Summary of Evidence
1. Defendant's legal statement;
1. Details of transactions of agricultural productions;
1. Investigation report (D Indictment, etc.);
1. Each appraisal report and each protocol of seizure;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;
1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (Scope of Recommendation), sale, good offices, etc., of Type 2 (marijuth, flag b. (c) and the aggravated area (1 year to 4 years) (1 year to 6 months), the same criminal records and the suspended execution for not more than 3 years;