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A defendant shall be punished by imprisonment for not less than one year and six months.
90,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
[criminal history] On August 18, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on the ground of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in the Port of the Republic of Korea on May 25, 2016.
[Criminal facts]
1. On July 14, 2016, the Defendant: (a) delivered approximately 0.1g of mephones (one philopon; hereinafter “philopon”) to D at the Defendant’s home located in the Busan Young-gu, Busan; (b) delivered approximately 0.1g of melopon to D; and (c) received melopon.
2. On August 14, 2016, the Defendant sold approximately 0.7g of phiphonephones to the said F in the vehicle operated by F, which was parked near Kimhae-si E, and traded phiphones by selling KRW 500,000,00 to the said F.
3. Medication of phiphones.
A. On August 21, 2016, the Defendant: (a) stored 0.2 grams in a disposable injection machine at the same place as paragraph (1) at around August 21, 2016; and (b) administered phiphones by means of infecting beer.
B. On August 22, 2016, the Defendant administered approximately 0.2 grams in the foregoing place in the foregoing manner at around 01:00.
(c)
around 04:00 on August 22, 2016, the Defendant administered approximately 0.2 grams in the foregoing place.
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of each protocol concerning suspect examination of the police against F or D;
1. A protocol of seizure and a list of seizure;
1. An explanatory invoice (written request for an appraisal - The results of an appraisal request);
1. Report on investigation (report on the calculation of an additional collection charge);
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (finding of the current status of confinement of suspects related to repeated crimes);
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 Criminal Facts and the Selection of Punishment (trade of Handphones, receipt and delivery, provision of medication, and selection of punishment by imprisonment);
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. The punishment shall be imposed for the administration of scopphones for the reason of sentencing in the proviso of Article 67 of the Narcotics Control Act.