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A defendant shall be punished by imprisonment for a term of one year and two months.
Two injections (No. 3) that have been seized shall be confiscated from the defendant.
Reasons
Punishment of the crime
On January 12, 2017, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on November 11, 2017, and completed the execution of the sentence on November 11, 2017.
Despite the fact that the Defendant is not a narcotics handler, the Defendant handled the Meteptopy (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.
1. On February 5, 2018, at around 19:00, the Defendant: (a) purchased 200,000 won in the D corridor located in Yeonsu-gu Incheon Metropolitan City, and (b) purchased 1 a single-use injection instrument and 0.33g of philopon, which included approximately 0.1g of philopon. The Defendant revised the volume of philopon.
2. The Defendant, at around 20:00 G hotel rooms located in the Nam-gu Incheon Metropolitan City F, administered approximately 0.03g of phiphonephones purchased as above by inserting approximately KRW 0.03g in a single-use injection machine, and melting them into the blood transfusion.
3. On February 6, 2018, the Defendant: (a) around 10:03, in Seongdong-gu Seoul, possessed a single-use injection machine with an I hotel No. 1101; (b) approximately 0.33g of philophones, and a single-use injection machine containing approximately 0.07g of philophones, in a paper bag, in a way of hiding it into a paper bag, at the time of cremation.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure and the list of seizure;
1. A report on investigation (attaching a report on the result of preliminary tests of narcotics);
1. Investigation report (referring to a report on the party against the party against which the report is made and a response to the results of appraisal);
1. Report on investigation (report on confirmation of repeated crimes);
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
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;
1. Sentencing the proviso of Article 67 of the Narcotics Control Act.