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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
No person other than a person handling narcotics shall trade or administer psychotropic drugs.
Nevertheless, at around 23:00 on September 10, 2018, the Defendant purchased cosmetics case and injection equipment containing approximately 0.05 g of approximately 0.05 g, a psychotropic drug, from a person with no personal name, who became aware of a house near C Station in Guro-gu Seoul Metropolitan Government through B’s smartphone hosting D, and “E”, and administered them by means of dilutioning the 0.05 g of a philopon purchased from the stairs of the first floor of the said house, as above, to the Defendant’s left arms.
Accordingly, the Defendant sold and administered philophones.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Records of seizure and the list of seizure;
1. Investigation report (as a result of the appraisal by the National Institute of Scientific Investigation for the Ainine of a Suspect), investigation report (as a result of the appraisal by the National Institute of Scientific Investigation for the Ainine of a Suspect);
1. Each request for appraisal;
1. Application of the Acts and subordinate statutes to message photographs and photographs of seized objects;
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning the facts constituting an offense (the purchase of opphones and the points of administration);
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. Probation and community service order under Article 62-2 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;
1. Scope of recommendations according to the sentencing criteria;
(a) The basic area (10 to 2 years) (10 to 10 years) of the Act on the Control of Narcotics, Etc. (the scope of recommendations), the medication, simple possession, etc. of 3 types of drugs (the scope of recommendations), which is in violation of the Act on the Control of Narcotics, etc. (the scope of recommendations), due to the administration of con
B. The crime of violation of the Act on the Control of Narcotics, etc. (compacting) due to the purchase of phiphones (the scope of recommendations).