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A defendant shall be punished by imprisonment for not less than eight months.
20,000 won shall be additionally collected from the defendant.
Reasons
Punishment of the crime
The defendant is not a person handling narcotics.
1. On February 21, 2014, at D’s office located in Yeonsu-gu Incheon Metropolitan City, the Defendant opened approximately 0.05g 0.05g of psychotropic drugs from E, via D, Mampatop (one philopon; hereinafter “philopon”), and injected D’s 0.05g of 0.05g of 0.1g of philopon from the toilet of the above office, and injected D into the Defendant’s arms.
As such, the Defendant received and administered philophones without compensation.
2. On April 12, 2014, around 20:00, the Defendant: (a) inserted the remainder of 0.05g of the penphones received from toilets for commercial buildings located in Nam-gu Incheon Metropolitan City, into a single-use injection machine; (b) dumped them into water; and (c) injected them into the Defendant’s arms.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of each protocol of suspect examination of the police about D;
1. Response to the request for appraisal;
1. Application of Acts and subordinate statutes to an investigation report (the imposition of an additional collection charge for domain cancers);
1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. Application of the sentencing criteria;
(a) Basic crime: marithic and friphones received and delivered (determination of type), including the sale, purchase, arrangement, etc. of narcotics;
Items c) and c.
Aggravations, etc. (Special Aggravations): The previous and mitigated elements: the number of self-denunciation [Scope of Recommendation] from one year to two years (Basic Area)
(b) Concurrent crimes under paragraphs 1 and 2: Medication of narcotic drugs and simple possession, etc., respectively.
Items c) and c.
F. [Special Aggravation] Aggravations: Dong previous and mitigated elements: Self-denunciation [Extent of Recommendation] from October to two years (Basic Area)
C. Scope of recommendation punishment revised according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to three years.