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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Even if the Defendant is not a narcotics handler, the Defendant handled psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:
1. At around 21:40 on March 2, 2020, the Defendant purchased penphones after receiving approximately KRW 500,000 in cash and purchasing 1g of penphones contained in a letter plastic bag from the front line B in the Gyeonggi-gu Suwon-si, Suwon-gu, B through telegram to contact with the sales books of penphones (D) through telegrams.
2. Around 02:00 on March 3, 2020, the Defendant administered philophones by inserting and dilution 0.03 g of philophones into cans and coffees and dilution them.
Summary of Evidence
1. Defendant's legal statement;
1. The details of messages;
1. Investigation report (Investigation into the purchase and sale statement of sales books co-offender C);
1. The investigation report (the investigation of cell phone Kakao Stockholm letters and telephone conversations details on suspect A), and the list of telegrams;
1. An investigation report (specific investigation into the details of messages containing telephones trading telephones to A);
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of trade in psychotropic drugs and the point of administration of psychotropic drugs), the choice of imprisonment for a crime, and the selection of a sentence;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. Probation 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 of the provisional payment order;
1. Scope of punishment by law: One month to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;
Items c) and c.
(B) No person [special person] [the area of recommendation and the scope of recommendation] basic area, 10 to 2 years of imprisonment.