Text
A defendant shall be punished by imprisonment for one year.
The evidence seized shall be confiscated from the accused.
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
1. Violation of the Narcotics Control Act;
A. On May 3, 2018, around 17:45, the Defendant received KRW 2.3 million from D in front of the “C” located in the Busan Shodong-gu, Busan, and sold approximately 10.04 grams of Metepop (one philopopon) a local mental medicine.
B. On May 12, 2018, at around 20:00, the Defendant injected approximately 0.03g of phiphonephones in the counter EcomF room at Changwon-si, in a single-use injection machine, dilution with aquatic divers, and administered them in a way of injection to the Defendant’s arms.
(c)
On May 15, 2018, the Defendant possessed approximately 14.59g phiphones from the front side of H located in Ulsan-gu G on May 15, 2018.
2. The defendant for violation of the Narcotics Control Act;
1.(c)
At the time and place of port, approximately 4.2g of hemps were possessed.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. Each protocol of seizure;
1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;
1. The sale, medication, and possession of oponopon for the crime: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act, and possession of marijuana selected for imprisonment: Article 61 (1) 6 and 4 (1) 2 of the Narcotics Control Act, Articles 61 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc.;
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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Crimes No. 1 of the sentencing guidelines [the scope of the recommended punishment] 2 and 3 of the basic area (one year to two years), including the basic area (one year to two years) of the 2 types (mariju, b. c., etc.) of the 3 types of crimes (the scope of the recommended punishment), medication, simple possession, etc. (the scope of the recommended punishment) of the basic area (10 months to two years) of the 3 types of crimes (b) of the 3 types of crimes (the 10 months to two years) (the person subject to special sentencing) of the 1st sentence: one year to three years:
2. The sentencing criteria for sentencing shall be the same; and