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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
1. The Defendant: (a) around November 21, 2015, around the summer-gu, Incheon; (b) opened approximately 0.35 grams of Maspiles (one philopon; hereinafter “philopon”); (c) paid KRW 300,000 in cash to C in return; and (d) drinks approximately 0.07 g of philopon from the telecom room located in Bupyeong-gu, Incheon Metropolitan City.
Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones, which are a local mental medicine.
2. On November 25, 2015, the Defendant saw approximately 0.7g of phiphonephones in front of the Yeonsu-gu Incheon apartment site C around a day-to-day, Yeonsu-gu, Incheon, and paid KRW 600,000 in cash to C in return, and drank approximately 0.7g of phiphones into beer in the beer, within the packing end located in the F of the Incheon Bupyeong-gu.
Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones, which are a local mental medicine.
3. On November 26, 2015, the Defendant received approximately 0.56g of philophonephones, which were 0.56g around H clubs located in Gyeyang-gu Incheon Metropolitan City, from C, around November 26, 2015.
Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspect C by the police;
1. Application of each statute of appraisal;
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. for Criminal Facts and the Selection of Punishment (trade of Handphones, medication, receipt and delivery, and selection of punishment by imprisonment);
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 suspension of execution (it shall take into account the circumstances specified in the following grounds for sentencing):
1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;
1. For the second sale and purchase of narcotics, etc. under the proviso to Article 67 of the Act on the Management of Narcotics, etc.: 90,000 won;