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A defendant shall be punished by imprisonment for not less than one year and six months.
122,00 won shall be additionally collected from the defendant.
As above, the defendant.
Reasons
Punishment of the crime
[Criminal Power] On May 2, 2013, the Defendant was sentenced to imprisonment for one year and six months for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on May 2, 2013, and completed the execution of imprisonment in the previous prison on September 14, 2014.
【Criminal Facts】
The defendant is not a person handling narcotics.
At around 21:00 on April 12, 2016, the Defendant provided psychotropic drugs and marijuana by providing F with approximately 0.14g of psychotropic drugs, psychotropic drugs, and approximately 0.1g of hemp, within F’s car parked in front of the E neighboring commercial buildings located in C in the Pakistan, P, and by giving F with approximately 0.14g of psychotropic drugs, psychotropic drugs and marijuana, free of charge.
Summary of Evidence
1. Legal statement of witness F;
1. A copy of each protocol of examination of suspect regarding F by the prosecution;
1. An investigation report (verification of the identity of a subscriber of the A or F mobile phone), investigation report (verification of the residence of the A), investigation report (F and A telephone details of the crime committed temporarily), investigation report (determination of credibility of the statement of a reference witness), investigation report (verification of price of the philopon transaction), investigation report (verification of price of the philopon transaction), and investigation report
1. Court rulings (previous records at the time of making decisions);
1. Application of Acts and subordinate statutes to inquiries into criminal records, such as criminal records, the current status of acceptance by individuals, and investigation reports (a copy of the judgment of repeated crime committed against A,
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) 2 of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the basis for calculation: 122,00 won = the amount additionally collected in relation to the sale and purchase of phiphones = 112,000 won (=the retail price of 800,000 won per gram average of the highest area adjoining the place of the instant crime x 0.14g)] of the amount additionally collected in relation to the provision of marijuana: 10,000 won (=10,000 won x 0.1g)
1. The Criminal Procedure Act;