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1. The defendant shall be punished by imprisonment with prison labor for a year and two months;
2. 20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
On December 28, 2009, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. at Seoul Eastern District Court on December 28, 2009, and completed the execution of the above sentence on November 3, 2010.
The defendant is not a person handling narcotics.
1. At around 02:30 on April 13, 2012, the Defendant administered a phiphone by inserting approximately 0.03 g of psychotropic drugs purchased from C in the mutual influorial telephone in the Busan Eastdong-gu, Busan, on April 13, 2012, and inserting approximately 0.03 g of psychotropic drugs into a single-use injection machine and inserting them into the right arms by mixing them with water.
2. On May 12, 2012, the Defendant administered philophones by inserting approximately 0.03g of philophones delivered from the toilet located in the hot spring station located in the Busan East-gu, Busan, into a single-use cell and treating water into the right arms, around 22:30 on May 12, 2012.
Summary of Evidence
1. Statement of the defendant in the first protocol of trial;
1. A copy of the second interrogation protocol of the police officer against C;
1. Each investigation report (suspect A-A-B-B-B-B-B-C-B-B-C-W-B-B-B-B-B-W-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B
1. A report on investigation (calculated additional charges);
1. Records of seizure and the list of seizure;
1. Previous convictions: Reporting on resident inquiry, criminal records, confirmation of the fact of release from prison, application of Acts and subordinate statutes concerning personal identification and confinement;
1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts, the choice of punishment, and the choice of imprisonment, respectively;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.
1. The application of the criteria for punishment and sentence (determination of type) to each narcotics crime group.