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1. The defendant shall be punished by imprisonment for six months;
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
2...
Reasons
Punishment of the crime
[Criminal Power] On July 1, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on July 1, 2016 and the said judgment became final and conclusive on July 9, 2016.
【Criminal Facts】
Even if the Defendant is not a narcotics handler, the Defendant is called as a psychotropic drug handler, a Mesophopon (hereinafter referred to as “philoopon,” as follows:
1. On May 2015, the Defendant: (a) received a request from C to seek a philophone from May 2015; (b) introduced a single-name D to C; (c) around that time, C made it possible for C to purchase the philophone from the seller of the philophone in Seoul Yeongdeungpo-gu E-gu, Yeongdeungpo-gu, Seoul to purchase the philophone from the seller of the philophone in Seoul to 400,000 won; and (d) arranged to trade philophones.
2. On January 2016, the Defendant sold philophones by receiving approximately KRW 300,000 from the above C and delivering approximately 0.5g of philophones in front of the F Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. Details of currency;
1. Text messages sent to C by D;
1. Criminal records as stated in the judgment: Application of each investigation report (the No. 13,19 of the evidence list) and attached statutes;
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., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;
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 of Article 67 of the Act on the Control of Narcotics, Etc., Article 334(1) of the Criminal Procedure Act: The reason for sentencing of a sum of KRW 700,000 (=300,000 won) equivalent to the purchase price [the scope of recommendations based on the sentencing criteria] is the latter concurrent crimes of Article 37 of the Criminal Act, and the sentencing criteria do not apply.
[Determination of sentence] Narcotics, etc.