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Defendant shall be punished by imprisonment for a term of one year and two months.
Nos. 1 to 6 of seized evidence shall be confiscated from the accused.
Reasons
Punishment of the crime
[Criminal history] The Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on June 28, 2011, and was sentenced to three times the same kind of force.
[Criminal facts]
1. Notwithstanding that the Defendant is not a narcotics handler, around October 30, 2016, sold and purchased 4.58g g of Mestop (one philopon) from “F” on the E parking lot located in Geum-gu, Busan Metropolitan City, on October 30, 2016.
2. On October 30, 2016, the Defendant, despite the fact that he is not a handler of narcotics, put 0.05g of the Mesphere, purchased from F on the said E parking lot, into a disposable injection machine for 0.05g of the Mesphere that he/she purchased from F on the said E parking lot, and injected it into the left left mphere and administered it.
3. Notwithstanding that the Defendant is not a narcotics handler, around 18:09 on October 30, 2016, at the H hotel parking lot located in Busan Shipping Daegu G, the Defendant: (a) put 0.17g, 0.13g, 0.06g, and 0.03g, each of which he purchased, such as paragraph (1), into the injection machine; and (b) held 4.24g, in a vinyl package, in a way that the Defendant was kept in the color fluor; and (c) held 4.63g, a total of the Defendant’s f3g, by placing 4.24g, in a vinyl package, and keeping the Defendant’s car at the gluorc line.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure and the list of seizure;
1. Written replys to expert opinions by the prosecutor of the case; and
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant laws and Articles 60(1)2, 4(1)1, and 2 and 3(b) (the trade, medication, and possession of Mespheres) of the Act on the Management of Narcotics, Etc., for criminal facts, and the choice of imprisonment, respectively;
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. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (110,000 won for a single medication);
1. The sentencing criteria of the Supreme Court shall be set;