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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 is called a psychotropic drugs-related Mesophalopon (hereinafter referred to as “philopon,” as follows:
I dealt with this issue.
1. Sale and purchase of phiphones;
A. At around 23:00 on January 11, 2015, the Defendant purchased a disposable injection device with approximately 50,000 won from the funeral hall parking lot in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-ro, with approximately 0.1g of philopon from C, and from which he/she received approximately 0.1g of philopon.
B. Around 08:00 on January 16, 2015, the Defendant purchased a disposable injection machine from C, which contains approximately 0.2g oponphones, in a way that the Defendant would later pay KRW 100,000 won.
2. Medication of phiphones.
A. On January 11, 2015, at around 23:00, the Defendant: (a) put about approximately 0.1g of philopon in a single-use injection machine; (b) injected it into the left part of the Defendant’s blood cells; and (c) injected it by means of injection into the Defendant’s left part.
B. On January 16, 2015, the Defendant: (a) inserted approximately 0.1g of opon in the room of the Defendant in Dongdaemun-gu Seoul Dongdaemun-gu, in a one-time injection instrument; (b) injected it in a way that the Defendant injecteds to the left blood cells of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes of a narcotics appraisal report;
1. Selection of imprisonment, as provided in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning 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. The grounds for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: The basic area (in 10 months to 2 years) and the basic area (in 2 years) of types 3 (in 10 months to 2 (in 2 (b) and (c)), medication, simple possession, etc.;