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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
1. Medication (one philoopon; hereinafter referred to as "philoopon");
A. The Defendant, at the end of March, 2020 (or at the beginning of April of the same year) put a large amount of fluorphone into a single-use folder, melting in water, and then injected into the Defendant’s arms.
B. On October 11, 2020, the Defendant, in Gangdong-gu Seoul Metropolitan Government Maurel, inserted a non-fluoron into a single-use cel, melting it into water, and injected into the Defendant’s arms.
(c)
On October 18, 2020, the Defendant put a large amount of philophones into a single-time cronphones from the Seoul Gangnam-gu DMoel E, and melted them with water, and then injected into the Defendant’s arms.
Accordingly, even if the Defendant is not a narcotics handler, he administered philophones, which are a local mental medicine, three times.
2. On October 18, 2020, the Defendant: (a) concealed and stored a transparent brophone E from the above Seoul Southern-gu Seoul Southern-gu Davison around 0.12g, containing approximately 0.12g of phiphones.
Accordingly, even if the Defendant is not a narcotics handler, he possessed a philophone, which is a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure and photographs of seized articles;
1. Each written appraisal;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant legal provisions of the Act on the Management of Narcotics, etc., 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 with prison labor for a crime;
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. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection ( = 100,000 won x 3 times);
1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act requires not only the physical and mental disorder of an individual, but also the strict punishment because of the high risk of harming national health and social safety.