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A defendant shall be punished by imprisonment for not less than one year and six months.
300,000 won shall be additionally collected from the defendant.
The amount equivalent to the above additional charges.
Reasons
Punishment of the crime
[Criminal Power] On October 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on December 17, 2012, and completed the execution of the sentence in the racing prison on December 4, 2013.
【Criminal Facts】
The defendant is not a person handling narcotics.
1. At around 19:00 on December 21, 2013, the Defendant: (a) at the entrance of a water distribution store underground store in the Southern-gu Incheon Metropolitan City drawing, received KRW 200,000 from C; and (b) at least 0.4g of a psychotropic drug, which is a psychotropic drug, contained in a disposable injection machine, to C.
Accordingly, the defendant sold approximately 0.4g 200,000 won of philophone to C.
2. On May 10, 2014, around 19:00, the Defendant injected approximately 0.1g of philopon into the Defendant’s house located in the Nam-gu Incheon Metropolitan City D and 205, for a single-time injection machine, and melted the aquatic life as soon as possible, and then in his arms.
Accordingly, the Defendant administered philophones.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of the accused by the prosecution (including the C substitute part of the examination);
1. Copy of the protocol concerning the examination of suspect C by the prosecution;
1. Investigation report (verification of the telephone conversations of the accused and the phiphone market price);
1. Ratifications;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts (the selection of each imprisonment with prison labor)
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is the second crime (the suspension of execution for not more than three years) in the area of aggravation (one year and six months to four years), the area of aggravation (one year and six months to six years), such as marijuana, sales, good offices, etc.