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A defendant shall be punished by imprisonment for not less than eight 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
The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clophophones (one philophone, hereinafter referred to as “philophones”).
1. On August 30, 2017, the Defendant: (a) administered philophones with D at the “C” guest room located in Mari-si B on August 30, 2017; and (b) administered philophones one time in a way that the philophones amount received from D to the coffee.
2. On September 17, 2017, around September 17, 2017, the Defendant: (a) administered a philophone in the “F” guest room located in Jung-gu Seoul Metropolitan Government E, along with D; and (b) administered philophones once by hanging the philophones in the beer with D.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each prosecutor to the prosecution with regard to D;
1. Photographs;
1. Currency details;
1. Application of Acts and subordinate statutes governing monthly trends in narcotics;
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 the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
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. Article 62-2 of the Criminal Act on the observation of protection;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (200,000 won = 100,000 won (per page) x twice);
1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes in violation of the Act on the Control of Narcotics, Etc. [Determination of Type] 3 (Determination of Type] (Determination of Place of Recommendation; b. & c.) (Determination of Place of Recommendation] Basic Field / [Scope of Recommendations] 10 months to 2 years;
(b) Scope of recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of ten months to three years;
3. Determination of sentence of punishment of this case is not that of the crime liability in light of the content and risk of the crime in this case;
However, the defendant's mistake is divided and does not repeat again.
The defendant has no criminal record of the same kind and has been sentenced to suspended execution.