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1. The defendant shall be punished by imprisonment for one year;
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Even if the Defendant is not a narcotics handler, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.
1. A. On August 1, 2015, the Defendant transferred KRW 300,00 to D at the fixed land point operated by the Defendant in Sinpo-si B, Sinpo-si, and purchased penphones by receiving approximately 0.4g of D’s penphones sent through Kwikset services in Gangnam-gu, Seoul.
B. On August 2015, the Defendant: (a) rendered a administration of philophones by drinking approximately 0.2g of philophones purchased as set forth in the above A, on the coffee; and (b) administered philophones on the coffee.
(c)
Defendant 2: (a) 2g of philophones purchased from the date and time border indicated above (b) ; and (b) 3.2g of philophones purchased from the above paragraph (a) ; and (c) crophones administered philophones on coffees.
2. Around October 13, 2015, the Defendant transferred KRW 300,00 to D from the above C Hackset to D, and then purchased phicphones by receiving approximately 0.4gg of the instant Kwikset services sent by D through Kwikset.
Summary of Evidence
1. The respective legal statements of the defendant and D;
1. Application of each investigation report (the sequence 3, 5, and 6 of the list of evidence) and statutes attached thereto;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. proviso of Article 67 of the Narcotics Control Act, Article 334 (1) of the Criminal Procedure Act: Reasons for sentencing [the scope of the punishment recommended according to the sentencing guidelines] 1, 2 crimes (each phiphone medication) - The three types of crimes (as defined in the sentencing guidelines) - the medication and simple possession, etc.