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A defendant shall be punished by imprisonment for not less than one year and six months.
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
Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:
1. On February 8, 2017, the Defendant was on the street in front of D, located in Suwon-gu, Busan, around 04:55, and was aware of it.
E delivered approximately 0.07 g of Melopopon (one philopon; hereinafter “philopon”) to E, which is a local mental medicine, to receive narcotics, etc.
2. On February 8, 2017, at the same place as above 13:35 around 13:35, the Defendant received narcotics, etc. by delivering approximately 0.07g philopon to E without compensation.
3. On February 21, 2017, around 14:00, the Defendant, at the Defendant’s residence of 102 building F. F. 102 in Suwon-gu, Busan, and 0.07g of philopon into a single-use injection machine, dilution them with water and injected them into arms.
4. On February 21, 2017, at around 14:10, the Defendant: (a) placed in the front of D paragraph 1 of the above paragraph D; (b) one plastic package containing approximately 0.94 g of philopon; (c) one disposable injection device containing approximately 0.17 g of philopon; and (d) one log injection device containing 0.19 ml of liquid containing a luopon; and (c) carried a philopon.
5. On February 21, 2017, the Defendant: (a) around 15:20, at the Defendant’s residence; (b) one plastic package containing approximately 0.11g of philophones; (c) one plastic flogram package containing approximately 0.08g of philophones; and (d) one disposable flophone containing approximately 0.11g of philophones, and carried philophones.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;
1. Each written appraisal;
1. A criminal report (attaching an indictment to be attached to a public E crime);
1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);
1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Selection of Imprisonment, respectively;
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 suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Confiscation.