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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
On November 12, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Western District Court on November 12, 2015 and the judgment became final and conclusive on November 20, 2015.
Defendant is not a narcotics handler.
1. On July 1, 2015, at around 23:00, the Defendant administered approximately 0.03g of 0.03 grams, which are administered once per meconcules (one philophone; hereinafter referred to as “philophones”) in the U.S. Mode room located in Incheon Metropolitan City D, by hanging them in the coffee.
2. On July 2, 2015, the Defendant provided G with approximately 0.03 gramphonephones contained in the one-time pon-phone fraud, in around 16:40 on July 2, 2015.
Summary of Evidence
【Crime No. 1】
1. Statement by the defendant in court;
1. An appraisal report on narcotics;
1. Investigation report (the reasons for calculation of the additional collection charge) 【2-related crimes as indicated in the judgment】
1. Statement made by the witness G in the third public trial records;
1. The photograph of the CCTV taken by the victim before the judgment;
1. The application of Acts and subordinate statutes to inquiries about criminal history (A), investigation reports (the confirmation report on the fixed date);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. The sentencing guidelines in this case do not apply to the crimes of this case, which are subject to the sentencing guidelines, since the crimes for which judgment has become final and the concurrent crimes after Article 37 of the Criminal Act.
2. Although the nature of the crime committed by the Defendant who was sentenced to the sentence is not good, the Defendant is making a confession with respect to the administration of phiphonephones, taking into account the favorable circumstances that the Defendant has no record of punishment for the same kind of crime, and at the same time as the Defendant has become final and conclusive.