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A defendant shall be punished by imprisonment for not more than ten months.
A disposable injection machine (No. 1) containing 0.21 g of seized white dives.
Reasons
Punishment of the crime
Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:
1. On January 3, 2017, the Defendant administered philophones in the way of inserting approximately 0.07g of Mesofts (one philophone; hereinafter “philophones”) in the toilets of the third floor of D building in the vicinity of Suwon-gu, Busan, and inserting approximately 0.07g of Mesolograms (one philophones; hereinafter “philophones”), which is a primary mental medicine, into a single injection machine, dilution with water, and dilution with arms.
2. On January 5, 2017, the Defendant, at the parking lot for Furher in Busan Southern-gu, posted a single philopon in his/her back part, and carried a philopon in his/her back part.
Summary of Evidence
1. Statement by the defendant in court;
1. Seizure records;
1. Investigation report (the result of precise appraisal of seized articles);
1. A criminal investigation report (written expert evidence, etc.);
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Mar. 29, 2011; the Defendant committed a crime of violation of the Narcotics Control Act in the field of the basic area (from October to two years) of the three types (the scope of recommended punishment), including medication, simple possession, etc. (the item (b) and (c) of the Act on the Control of Narcotics, etc. (the decision of sentencing): The Defendant committed a crime of violation of the Act on the Control of Narcotics, etc. (the decision of sentencing): The Defendant committed a crime of violation of the Act on the Control of Narcotics, etc. on March 29, 2011; the Defendant committed a second offense other than those sentenced to imprisonment with prison labor for not less than one month; the Defendant appears to continuously come into contact with phiphones in light of the details of the crime and the result of appraisal of the crime;