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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 narcotics handler, the Defendant handled psychotropic drugs-related Mesofts (ponopon, hereinafter referred to as “ponononopon”), as follows:
1. On December 3, 2014, the Defendant administered philophone medication: (a) around December 3, 2014, the Defendant laid 303 D hotel hotel in Gwanak-gu in Seoul Special Metropolitan City, and 0.2g philophones into philophone inhales; and (b) the smoke generated by heating 0.2g philophones into E and sexual sterF.
Accordingly, the Defendant, in collusion with E and E and E, administered philophones.
2. Around December 3, 2014, the Defendant administered a philophone on the following occasions: (a) around 07:30 on December 3, 2014: (b) around 07:30, the Defendant laid the philophone into a philophone inhalers; and (c) caused by heating the philophones into a philophone inhaler; and (d) the meloitius was administered.
Summary of Evidence
1. Defendant's legal statement;
1. Police seizure records;
1. A report on investigation (calculated additional charges);
1. Notification of the results of narcotics appraisal;
1. Letters of the small and medium-scale medical examination;
1. Application of Acts and subordinate statutes to the scene of emergency arrest and photographs of seized articles;
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 30 of the Criminal Act on the Control of Narcotics, etc., and Article 30 of the Criminal Act, respectively, concerning the relevant criminal facts and the selection of punishment;
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 proviso to Article 67 of the Narcotics Control Act;
1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment: Imprisonment for not more than 15 years;
2. Recommendations and sentence on the sentencing criteria: Ten months of imprisonment - three years (to select each basic area among the third types, such as medication and simple possession, and to apply standards for handling multiple crimes);
3. Determination of sentence: Imprisonment with prison labor for 10 months, suspended sentence 2 years, additional collection charges 200,00 won: The fact that a serious punishment is required for it in light of the special characteristics of the narcotics crime that has a great risk of recidivism or harm to society: Provided, That the frequency and quantity of medication of the accused are not high;