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A defendant shall be punished by imprisonment for one year.
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
Despite the fact that the Defendant is not a narcotics handler, the Defendant received and administered the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows:
1. The Defendant, at around 01:00 on December 4, 2016, was aware of in and near the “D” atmosphere located in Seongbuk-gu, Sungwon-si, Sungwon-si.
E has given and received a disposable injection device containing approximately 0.05g of philophones without compensation.
2. Around March 7, 2017, the Defendant added approximately 0.1g of 0.1g of philophonephone in the office of Changwon-si F. 308 (G) and injected water with water, and injected it into the bloodline of his/her hand, etc., around March 8, 2017, the Defendant injected approximately 0.1g of philophone into the bloodline of his/her hand, etc. from the first floor toilet of the H in Changwon-si, Changwon-si, Sungwon-si, and 0.1g of philophonephone in the same way from the above toilets around March 9, 2017, and administered three times of philophonephonephones in his/her hand, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on internal investigation (investigation of monetary details);
1. Records of seizure, list of seizure and photographs of the site of seizure;
1. A response to a request for appraisal, a statement on narcotic appraisal, and a statement on narcotic appraisal (related to injections);
1. Report on investigation (report on the calculation of an additional collection charge);
1. The application of Acts and subordinate statutes to the drilling report and the narcotics attached thereto;
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
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. The scope of the recommended punishment according to the sentencing criteria: one year to three years.