Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] The Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on April 15, 2010, and was sentenced to four times of the same military force.
[Criminal facts] The Defendant is not a narcotics handler
1. On January 3, 2018, the Defendant: (a) purchased 100,000 won as the purchase price for a part of the Mesophical drug Mesophical popon to a person who is unable to know his/her name in D Park in Daegu-gu, Daegu-gu (hereinafter “E”); (b) purchased Mesophopon with a single plastic drug 100,000 won as a part of the purchase price for a part of the Mephical popon; and (c) one and a single part of a one-time popon.
2. Medication of phiphones.
A. On January 3, 2018, the Defendant: (a) put approximately 0.03g of philophones purchased, as described in paragraph (1), into a single-use injection machine; and (b) injected philophones by dilution them into their arms and legs.
B. On January 4, 2018, the Defendant, at the same place as paragraph 2(a) of No. 14:00, put approximately 0.03g of philophones purchased, such as as described in paragraph 1, into a single-use injection instrument, and injected philophones in a way of injecting them into one’s arms by dilution with aquatic dilution.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. A test report, a narcotics appraisal report and a gene appraisal report;
1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, (A), personal expropriation status, and application of the judgment text;
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. under the relevant Act on Criminal Facts (the purchase of phiphones and the provision of medication, the selection of a 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 suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing of Article 48(1)2 and (2) of the Criminal Act, proviso of Article 67 of the Narcotics Control Act, shall be the first offense.