Text
A defendant shall be punished by imprisonment for one year.
The evidence No. 1115 of the Busan District Prosecutors' Office' 2019.
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
1. On March 27, 2019, around 21:50, the Defendant: (a) purchased KRW 3.50,000 in cash from D in the event of B apartment C-dong, Busan, Busan, and sold approximately 0.5g of psychotropic drugs to D in plastic bags (hereinafter “cloilphone”) by putting approximately 0.5g of psychotropic drugs in plastic bags.
2. At around 15:50 on April 25, 2019, the Defendant possessed two vinyl bags in which approximately 2.11g of philophones are divided into two main machines and possessed them by inserting them into two main machines at the place described in the foregoing paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes governing seized articles;
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., concerning the relevant criminal facts and the Selection of Punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. Scope of recommending punishment according to the sentencing guidelines (special sentencing factors): Important investigation cooperation, increased factors: Basic area of criminal records (the scope of recommending area and recommending punishment), basic area of criminal records (the scope of recommending punishment and recommending punishment), and one to two years of imprisonment;
2. Determination of sentence: One year of imprisonment (the crime of this case shall be sentenced to a suspension of the execution of two years and two months for the same crime, and the decision of this case shall not be less than one month and less than one month, and the quality of the crime shall not be less severe: Provided, That the defendant reflects the crime of this case and actively cooperates with the investigation, and other circumstances of sentencing specified in the records of this case, such as the defendant's age, character and conduct, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in consideration of various circumstances of sentencing specified in the records of this case).