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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 29, 2017, the Defendant administered a Meptopon (i.e., one philopon; hereinafter referred to as “philopon”) on December 29, 2017, inserted approximately 0.04g gramlopon in a one-time injection machine located in Annyang-si C at Annyang-si, Annyang-si on December 29, 2017, and injected it into the Defendant’s arms.
2. On December 30, 2017, the Defendant, holding a phiphone, concealed a disposable injection device containing approximately 0.63g of philopon on the part of the Defendant at the 1st floor of “F” Ma, located in the Gu E, for a light of around 18:30 on December 30, 2017.
Accordingly, even if the defendant is not a narcotics handler, he administered and she was not a penphone, which is a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Protocols of police seizure and list of seizure;
1. A report on investigation (calculated additional collection charges);
1. A written appraisal of each drug (exploited articles and uricts);
1. A table of transaction prices of narcotics for four months in a monthly trend of narcotics;
1. Application of the Acts and subordinate statutes to photographs showing the scene of arrest, and photographs of seized articles;
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. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Control of Narcotics, etc. Due to the medication of heavy spphones);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Class 1 and 2 / [Determination on the types of violation of the Act on the Control of Narcotics, Etc. Caused by Handphone Medication] / [Determination on the Types 3 (b) and (c)] (Decision on the Place of Recommendation] basic field / [Scope of Recommendation] 10 months to 2 years [Suspension of Execution].