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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
1. On October 7, 2019, at around 01:31, the Defendant received a single-use injection device from D, which contains a dilution volume of psychotropic drugs, in front of “C” operated by the Defendant in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and received a single-use injection device without compensation.
2. At around 02:00 on October 7, 2019, the Defendant administered philophones by melting the philophones received as described in the foregoing paragraph (1) into coffee.
Summary of Evidence
1. Defendant's legal statement;
1. Recording records;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and Article 60 (1) 1 of the former Act on the Control of Narcotics, Etc. (wholly amended by Act No. 16714, Dec. 3, 2019); and selection of imprisonment for each category of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. One to fifteen years from the date of imprisonment with prison labor for the range of punishment by law;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Basic crimes (referring to the violation of the Act on the Control of Narcotics, etc. by philophone medication) types 1) Medication, simple possession, etc. (type 3), the basic area of the recommended field and the basic area of the recommended range and the recommended range, 10 months to 2 years;
(b) Combined crimes (violation of the Act on the Control of Narcotics, etc. due to phiphonephones) (1) types of authorized narcotics crimes, such as trade, arrangement, etc. [Type 2], marijuana, flagb(b) and (c)(2) special convict mitigation factors: purchase or acceptance for medication, simple possession, etc., and three recommended fields and recommendations.