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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Any person other than a person handling narcotics shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, deliver, receive, trade, intermediate the trade of, or offer narcotics.
1. Around July 2013, the Defendant possessed narcotics: (a) put the subject matter into the drums equivalent to 40 L at the Defendant’s house located in Newannam-gun C; and (b) 10-20 share of the poppy to make the poppy.
From around that time to February 25, 2014, the Defendant stored in the Defendant’s house warehouse the two earing alcohol, the two wing paper, the two wing paper, and approximately 1 kg of the two earing leafs, etc., which were made as above, and possessed narcotics.
2. Around January 19, 2014, the Defendant sold and purchased narcotics at the Defendant’s house located in Newannam-do, Nannam-do, Nannam-do, for KRW 30,00,00, by selling and buying one disease (1.8L) of the two-ear alcohol to D at the Defendant’s house located in Newannam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Records of seizure and the list of seizure;
1. A table for a request for appraisal (2014-S-856);
1. Application of Acts and subordinate statutes to report internal investigation (the purchase of alcoholic beverages with no return to residents and requests for appraisal);
1. Article 59 (1) 9, Article 4 (1) 1 (the occupation of narcotics in possession), Article 58 (1) 1, and Article 4 (1) 1 (the occupation of the sale of narcotics and the selection of a limited term punishment) of the Act on the Control of Narcotics, Etc. concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [in the case of concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (Narcotic Drugs) due to the sale and purchase of heavy narcotics];
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 22 months;
2. Application of the sentencing criteria;
(a) Offenses for which the sentencing criteria are set: Offenses of violation of the Act on the Control of Meritoriouss due to Sale and purchase of narcotics (determination of types of narcotics) shall be traded, mediated, etc.;