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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 2016, the Defendant received 40,000 won from E to E in the name of a penphone, after having decided to purchase a penphone from E that he/she became aware of through D’, and then transferred 40,000 won to E in the name of a penphone. On the same day, the Defendant received from E a place where the penphone is hidden, and received from E, and received from E, a one-time injection device containing approximately 0.5g of a phiphone that E hidden, around 18:00 on the same day.
Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.
2. Medication of phiphones.
A. On November 2016, the Defendant injected approximately 0.03g of the penphones purchased at the Defendant’s residence located in Gtel 22:00, Gtel 210, as above, into a single-use injection machine, and melted them into the Defendant’s arms.
B. The Defendant, at around 22:00 the following day, diced approximately 0.03g of the philopon on a coffee at the residence of the above Defendant.
Accordingly, even if the Defendant is not a narcotics handler, he administered philophones, which are a local mental medicine, twice.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol of suspect interrogation of each police officer regarding E;
1. A statement on narcotics (a net 15);
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Application of the sentencing criteria;
(a) Type 3 of the 1-2 crime (the scope of the recommended punishment), including the medication and the simple possession, etc. (b).