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A defendant shall be punished by imprisonment for one year.
Seized evidence 1 or 2 shall be confiscated from the accused.
from the defendant.
Reasons
Punishment of the crime
On October 8, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Busan District Court on the part of October 8, 2015, and completed the execution of the sentence on February 5, 2017.
Criminal facts
Defendant is not a narcotics handler.
1. On February 12, 2018, around 02:40, the Defendant, at the home of D located in Busan Nam-gu, drafted approximately 0.05 grams of Metepopa (one philopopon; hereinafter “philopon”) which is a local mental medicine, in a single-use injection instrument, and injected them into arms by dilution.
2. The Defendant, at around 13:50 Busan East-gu, administered approximately 0.05 grams in the 305 unit of “Fel” in Busan-dong-gu, in the foregoing manner.
3. The Defendant, at around 14:10 on the same day, filed a lawsuit in a way that sets about 0.2g of philophones and one philophones dilutiond with water at the above place in a white mer.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Police seizure records;
1. Each written appraisal;
1. A report on investigation (calculated additional collection charges);
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (including inquiries about summary information of additional cases, search results of cases in B, text of judgment and personal expropriation status), and criminal history records;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment (Appointment of Imprisonment with prison labor)
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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. Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for one philopon administered once);
1. The first type of crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of recommendations] / medication, simple possession, etc. (b) and the aggravated area (one year to three years) / [the specially aggravated person].