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A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
The defendant is a foreigner of Chinese nationality who is not a narcotics handler.
On November 25, 2015 or around 00:30 on November 25, 2015, the Defendant administered a medication in the DNA conference located in Gwanak-gu in Seoul Special Metropolitan City, by heating the Metetoptop (one philophone), a local mental medicine, on the breater’s flap, in a manner of inhaleing smoke.
Summary of Evidence
1. Statement by the defendant in court;
1. Examination report and response to a request for appraisal;
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 sentence shall be imposed on the defendant in consideration of the following: (a) the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.; (b) the basic area (10 months to 2 years); (c) the basic area (10 months to 10 months to 2 years) [the person subject to special sentencing] [the sentence] of the narcotics crime is highly likely to repeat a crime; (b) the surrounding persons may be suspected of committing a narcotics crime; and (c) the defendant's mother (from her mother to 10 to 12cc) may also detect phiphone ingredients.
However, the defendant's late reflects the defendant's wrong and repents his wrong, and the defendant's living alone in good faith.
In full view of the various circumstances, including the fact that the defendant's age, sex and environment, the background and motive leading to the crime of this case, and the circumstances before and after the crime of this case, etc., the lower limit of the sentencing criteria shall be selected.