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A defendant shall be punished by imprisonment for not less than one year and six months.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
【Criminal Power】 On April 14, 201, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution with prison labor for a violation of the Narcotics Control Act at the Suwon District Court.
【Criminal Facts】 The Defendant is not a person handling narcotics.
1. On February 12, 2013, at around 14:00, the Defendant asked C to seek psychotropic drugs-related Mesophacopic mail (i.e., one philopon; hereinafter “philopon”), and C consented thereto.
On February 12, 2013, at around 15:24, the Defendant received, without compensation, approximately 0.1g of philopon which is contained in a single-use engine that was concealed as a newspaper on the rear side of a non-vehicle, in the Gangnam-gu Seoul Metropolitan Government Dtel parking lot.
2. At around 16:00 on February 12, 2013, the Defendant administered phiphonephones by means of dilution of approximately 0.1g of philophones acquired from C with fresh water in the F hotel underground parking lot located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and then administering the phiphones by using a disposable injection device to himself/herself.
3. Around 20:00 on February 22, 2013, the Defendant received and accepted approximately 0.1g of philopon in the first floor of the Gangnam-gu Seoul Metropolitan Government G Building, and 0.1g of philopon in the single-use injection machine from C without compensation.
4. Around 20:10 on February 22, 2013, the Defendant administered philophones by melting tap water as soon as possible from H coffee toilets, and as a disposable injection with approximately 0.1g philophones, and in an injection with Defendant’s arms to the Defendant’s arms.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. A statement on narcotics appraisal;
1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection;
1. The sentencing criteria shall be;