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A defendant shall be punished by imprisonment for not less than eight months.
1,200,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
Defendant,
1. On February 24, 2014, upon receipt of a request from C to seek psychotropic drugs-related psychotropic drugs-related Mescopon (one philopon; hereinafter “philopon”), C had C transfer the purchase price of KRW 500,000 to a financial account designated by the Defendant, and then sold 0.3g of Mesopon to C at the front of the house located in Gangnam-gu Seoul Metropolitan Government D at around 00:0 following the following day, at around 00:0;
2. On March 17, 2014, upon receipt of a request from C to receive a delivery of a penphone, C had C transfer the purchase price of KRW 500,000 to a financial account designated by the Defendant. On the same day, at around 04:30 on the same day, C sells 0.2g of a penphone to C at the front of the house of the above C;
3. On June 6, 2014, around 17:00, administering them in a way of inserting mutual infranite 402 G, which is located behind the “FMat” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, by inserting approximately 0.05g of philophone into a disposable injection machine, dilution with water, and injection into arms;
4. Around 09:00 on June 7, 2014, at the house of the above G, approximately 0.05 g of phiphones were administered in the same manner.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement among the interrogation protocol of the accused by the prosecution;
1. A certified copy of prosecutor's statement concerning C;
1. Application of the Acts and subordinate statutes to notify the results of narcotics appraisal;
1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of delivery and purchase and sale of phiphones) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;
2. Scope of the recommended sentencing criteria; and
(a) Basic crimes and concurrent crimes in the first place: Violation of the Act on the Control of Narcotics (Determination of Types), etc. (Determination of Types), violation of the Act on the Control of Narcotics, etc. (Determination of Types), military-trade, arrangement, etc.- marijuana, and violation of the Acts on the Control of Narcotics, etc.,