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A defendant shall be punished by imprisonment for not more than ten months.
Seized evidence 1, 2, and 3 shall be confiscated.
10,000 won from the defendant.
Reasons
Punishment of the crime
The defendant is a foreigner of Chinese nationality who is not a narcotics handler.
1. On May 12, 2015, at around 22:00, the Defendant: (a) opened a single psychotropic drug-related Metepopon from “C” in the amblopon in Ansan-si, Ansan-si; (b) opened 7.25 g from around that time to May 18, 2015, the Defendant carried the Melopon by inserting the Melopon into the Melopon in the Melopon-si D and 202, located in the Defendant’s residence.
Accordingly, even if the Defendant is not a narcotics handler, he possessed a psychotropic-related psychotropic phone.
2. At around 21:00 on May 14, 2015, the Defendant administered philophones, which are administered in a way that in turn, it is difficult to find out the exact quantity of which the Defendant received from “C” in the F cafeteria located in Ansan-si E, Ansan-si, by driving the philophones on the beer.
Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol of seizure;
1. Investigation report (the detection of phiphonephones inside the official vehicle);
1. Application of investigation reports (in response to requests for appraisal), investigation reports (in response to requests for appraisal), additional Acts and subordinate statutes on requests for appraisal; and
1. Article 60 (1) 2, Article 4 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. The scope of the recommended sentence on the sentencing guidelines: Ten months to two years of imprisonment (narcotics crime group, medication, simple possession, etc.).
Items c) and c.
(i) IN GENERAL. - The scope of the recommended sentence that is modified according to the criteria for multiple crimes: Imprisonment of 10 months to 3 years;
2. A narcotics crime, such as the instant crime of which sentence is determined, is a serious crime that leads not only to the offender himself but also to the society.