Text
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
The seized white paper contains a seized white paper.
Reasons
Punishment of the crime
Defendant
A on November 23, 2016, after having been sentenced to imprisonment for fraud, etc. at the Seoul Central District Court, the judgment became final and conclusive by withdrawing an appeal on February 20, 2017.
1. On May 20, 2016, Defendant A carried approximately 4.35 grams of Handphonephones issued from Suwon-si, Suwon-si, Suwon-si, 103 Dong 402, and B, and carried them.
2. Defendant B
A. On May 1, 2016, around 15:00, the Defendant administered approximately 0.03 grams of 103-dong 402 of the above D apartment units and 0.03-grophones purchased from a person who was killed in his name (one name E) in a way of drinking water.
B. On May 1, 2016, around 14:00, the Defendant delivered approximately 4.35 g of philopon to A, and around 103 Dong 402 of the above D apartment.
(c)
On May 18, 2016, the Defendant, parked in the second floor of the Seoul Jongno-gu Seoul Jongno-gu Private Parking Lot, divided approximately 0.06g of philopon into two parts of the Defendant’s vehicle operated by the Defendant, and stored it in the front wall.
Summary of Evidence
1. Defendants’ respective legal statements
1. The protocol concerning the interrogation of the Defendants to the prosecution
1. Each protocol of seizure by the police;
1. Previous conviction in the judgment: A copy of the judgment (Seoul Central District Court Decision 2016 High Court Decision 3335, etc.) and the application of statutes concerning the search of the Supreme Court Na case;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the possession of philopon) and imprisonment with prison labor;
(b) Defendant B: Each requisition type selection under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the administration, provision, and possession of phiphones) of the Narcotics Control Act;
1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act: Article 39 (1) (only between the above crimes and the crimes of subparagraph 1 of the judgment for which judgment has become final and conclusive);
1. Aggravated concurrent crimes by Defendant B: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;
1. A: As to the management of narcotics, etc.