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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On July 2015, 2015, the Defendant: (a) received and delivered Mebacopon (one philopon; hereinafter referred to as “philopon”); (b) the Defendant, around July 1, 2015, injected a disposable injection machine with approximately 0.05g of philopon, which is dilutiond with D in water at the office near the Nam-gu Incheon Metropolitan Commercial Building around July 2015; and (c) the Defendant injected the disposable injection machine to the Defendant’s arms with approximately 0.05g of philopon, which is dilutiond with water at the place.
Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.
2. On August 1, 2015, the Defendant: (a) accepted a request from D to request to seek a phiphone on July 31, 2015; (b) received KRW 1.50,000 from a company bank account under the name of the Defendant; and (c) sent KRW 1.50,000 from a company bank account under the name of the Defendant to a phiphone; and (d) sent a disposable injection containing approximately 0.05 g of a phiphone to D around the F located in the Nam-gu Incheon Metropolitan City, Nam-gu E on August 1, 2015.
Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.
3. On August 6, 2015, the Defendant: (a) consented to the request from D to request for the opon from around August 4, 2015; (b) received 150,000 won of opon from the above company bank account in the name of the Defendant; (c) received 140,000 won of opon from the said account around the following day; (d) received opon from around August 6, 2015, around H located in Nam-gu, Incheon Metropolitan City, with approximately 0.1g of opon to D.
Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.
4. On August 17, 2015, the Defendant, at around August 17, 2015, consented to the request from D to request for scopon from around August 17, 2015, upon receiving 310,000 won of scopon from the above corporate bank account under the name of the Defendant, and transferred scopon to D in the street near the residence of D located in Incheon Southern-gu, Incheon.