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A defendant shall be punished by imprisonment for seven 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
Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:
1. On December 6, 2016, the Defendant: (a) purchased 60,000 won in total from a person in unsound name to ADM, a local mental medicine; (b) transferred 9,40,000 won, plus delivery cost of KRW 4,00,00,00 to A agricultural cooperative account in the name of B; and (c) sold 6,000,000 won in front of the building of the Busan Busan Metropolitan City Office Officetel; and (d) sold EXP using the method of selling 6,000,000,000 won in front of the building of the same day.
2. On December 6, 2016, around 24:00, the Defendant administered X-si by means of taking one of the X-gu purchased as referred to in the preceding paragraph with water at around 505, Busan, Busan, the Defendant’s residence, and one of the X-gu purchased as referred to in the preceding paragraph.
3. On January 23, 2017, around 24:00, the Defendant administered EX posters by inserting 2 in drinking water among the X posters purchased as above in a way of melting them after melting them.
4. On March 9, 2017, the Defendant: (a) purchased the foregoing building No. 505, the Defendant’s residence; and (b) possessed an X-si in a way that the X-si remains in custody after administering the said building; and (c) possessed an X-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. An appraisal report or a maternity appraisal report;
1. Application of Acts and subordinate statutes on police seizure records;
1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act, and selection of a person who is sentenced to 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 suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 80,000 won per 1 X-si in its holding);
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.