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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
Defendant is not a narcotics handler.
1. On August 31, 2015, the Defendant administered approximately 0.05g g of Mesofts (one philopon; hereinafter referred to as “philopon”) which was parked in the front route B of Ulsan-dong, Ulsan-gu, U.S., U.S., by drinking in the water, within the translopic car of the Defendant.
2. On September 5, 2015, the Defendant administered approximately 0.05g of philopon in a translopon on the Defendant’s own car, which was parked in front of Ulsandong-gu B, Ulsan-gu, Seoul-do, in the same manner as Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Handphone medication marks;
1. Application of each request for appraisal-related Acts and subordinate statutes;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;
1. Selection of imprisonment with prison labor chosen;
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. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The sentence of Article 34(1) of the Criminal Procedure Act for the reasons for sentencing of the first offense [the scope of punishment] for the sentencing of Article 334(1) of the Act on the Criminal Procedure of the Provisional Payment Order: the sentence shall be determined as follows: the scope of final sentence pursuant to the increase of the number of self-denunciation [the scope of punishment from six months to one year and six months] for the mitigation area (the scope of recommended punishment] for the second offense of self-denunciation [the person who is specially mitigated] for the mitigation area (six months to one year and six months] for the mitigation area (the scope of recommended punishment] for the mitigation area (the person who is specially mitigated for six months to one year and six months), for six months to two years [the sentence] for the self-denunciation, for whom six months to two years [the sentence] for the self-denunciation, for which there is no criminal history, for which there is no age of the defendant, and for other circumstances, such as the defendant's age and behavior.