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A defendant shall be punished by imprisonment for a term of one year and eight months.
Seized evidence 1 or 2 shall be forfeited from the accused.
Reasons
Punishment of the crime
On March 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on March 16, 2012 and completed the execution of the sentence at the Busan Detention Center on September 3, 2012.
[2014 Highest 1511] Any person other than a person handling narcotics shall be prohibited from trading, arranging the sale of, arranging the transaction of, giving or receiving, possessing, possessing, using, controlling, preparing, administering, providing, etc. psychotropic drugs.
The defendant is not a person handling narcotics.
1. On December 27, 2013, at around 02:00, the Defendant issued to C approximately 0.03 grams of Metepia (one philopon; hereinafter referred to as “philopon”) 0.03 grams, a psychotropic drug, enclosed with white paper, at the PC room located in the Busan Dong-dong, Busan, Dong-gu, Busan, without compensation, to C;
2. On February 20, 2014, at around 17:00, e.g., “E” located in the Dong-gu Busan Metropolitan Government D with approximately 0.03g gramphones from the PC bank to the call:
3. Around 18:05 on February 20, 2014, around 18:05, the Plaintiff stored approximately 9.29g of philophones contained in a white plastic sealing for sale in the Gway located in the Busan Dong-gu, Busan for the purpose of sale, and stored them in his/her inner machine.
Accordingly, the defendant was not a person handling narcotics, and received, administered, or possessed psychotropic drugs.
[2014 Highest 4117]
1. At around 02:00 to 03:00 on January 6, 2014, the Defendant purchased one disposable injection machine with approximately 0.03g of psychotropic drugs from C, and traded narcotics, etc. within the Defendant’s car parked in the parking lot of the first floor of the “I” building located in H of Busan Dong-gu, Busan, and approximately 0.03g of psychotropic drugs from C (hereinafter “clophone”).
2. Even if the Defendant is not a handler of narcotics, the Defendant administered narcotics by requesting C to the date, time, place, and place indicated in paragraph (1) and upon receiving request from C, mixing the said injection with water, and then taking them into account to the Defendant’s left arms.
Summary of Evidence
1. Statement by the defendant in court;
1. Each part of the statements by the witness J or K;
1. Part of each prosecutor's protocol of interrogation of the defendant against the defendant.