Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:
1. On April 19, 2015, the Defendant: (a) opened approximately 0.35 g of Mesofta (one philopon; hereinafter “philopon”) a psychotropic drug enclosed from D in front of the “C Hospital” located in Shodong-gu, Busan, and paid KRW 200,000 in the last time.
Accordingly, the defendant purchased approximately 0.35 gopon from D in 200,000 won.
2. On April 19, 2015, the Defendant: (a) injected approximately 0.1g of the instant phiphones into water at the Southern-gu Busan, Busan, the Defendant’s residence; and (b) administered phiphones by means of injection with the Defendant’s arms blood transfusion using a one-time injection device.
Summary of Evidence
1. Defendant's legal statement;
1. A certified copy of each protocol concerning examination of suspect concerning D by the prosecution;
1. Application of Acts and subordinate statutes governing requests for appraisal;
1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. The scope of final sentence due to the purchase for medication, simple possession, etc. ( August to 16) and the mitigated area ( August to 196) ( August to 16) of Part II of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommending punishment) that there is no basic area (10 to 2 years) (10 to 10 years) of Part III of the Act on the Control of Narcotics, etc. (the scope of recommending punishment) [the scope of recommending punishment] of Part II of the Act on the Control of Narcotics, etc. for the Control of Narcotics, etc.: The scope of final sentence due to the purchase for medication, simple possession, etc. or the aggravation of acceptance for multiple crimes: From October to 299 [the decision of sentencing] of the Act on the Control of Narcotics, etc.; the fact that the relevant crime is a simple medication-related crime