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A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 1 to 5 shall be confiscated.
250,000.
Reasons
Punishment of the crime
Even if the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:
1. At around 18:00 on April 19, 2016, the Defendant: (a) received 150,000 won in cash from E in front of the D Hospital located in Yeonsu-gu Incheon Metropolitan City; and (b) sold philophones by delivering 0.5g of philophones.
2. At around July 21, 2016, the Defendant administered philophones in a 1st male toilet of “G shopping center” located in the Nam-gu Incheon Metropolitan City F, by dilutioning approximately 0.07 grams of philophones into water, and administering philophones in a way of injection into the Defendant’s arms with a single-use injection device.
3. On July 11, 2016, the Defendant possessed a phiphone by inserting 2.33g of phiphones in front of the International Oil station located in Nam-gu Incheon Metropolitan City H, and keeping the phiphones in front of the International Oil station located in Nam-gu, Incheon.
Summary of Evidence
1. Partial statement of the defendant;
1. The prosecutor's protocol of interrogation of the defendant against the defendant (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003) cannot be deemed to be a ground that the credibility of the confession is doubtful merely on the grounds that the confession of the defendant in the prosecutor's office is different from the statement in the court. In determining the credibility of the confession, the credibility of the confession should be determined by considering the following circumstances, such as whether the contents of the confession's statement itself have objectively rationality, the motive or reason for the confession, and whether there is any conflict or inconsistency with the confession among circumstantial evidence other than the confession (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003). In light of the evidence duly adopted and examined by the court, the confession made in the prosecutor's office in relation to the fact that the defendant
(1) The defendant shall take notes in his/her judgment by the prosecution.