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A defendant shall be punished by imprisonment for not more than ten months.
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 30, 2018, the Defendant deposited KRW 3.50,00 in the C bank account (F) designated by the above winners of the name omitted and the penphone in the name omitted and KRW 3.50,000,000, to trade the name omitted and the penphone, which was known to the C bank located in Jin-si B as the “D” of the mobile phone hosting c bank located in Jin-si, and purchased approximately KRW 0.5 g of the penphone that was concealed by the above winners of the name omitted on the same day.
2. On February 2, 2019, the Defendant injected approximately 0.03g of philophones purchased from the Defendant’s office toilets located in J at J at the time of J, by inserting them into a single-use injection instrument and dilution them with water, and administered them on the Defendant’s left part.
Summary of Evidence
1. Defendant's legal statement;
1. The details of deposits, C video materials, requests for seizure warrants, replys to I Bank, and the application of statutes on narcotics appraisal;
1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the purchase and medication of phiphonephones) of the Act on the Control of Narcotics, Etc. under Relevant Acts concerning facts constituting an offense, and the choice of imprisonment with prison labor;
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. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that it is not easy to detect narcotics as serious crimes that have a serious harm to the physical and mental health of the people, and that the risk of recidivism is high, so it is necessary to punish them.
The Defendant, even before committing the instant crime, committed the instant crime even though he appears to have purchased phiphonephones and administered them.
The defendant's responsibility is not less complicated.
However, the fact that the defendant shows his intention to stop the narcotics as he repented and reflected his mistake, and that the defendant is punished once by a fine.