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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant committed the crime of March 23, 2014: (a) around March 23, 2014, at D’s office located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City; (b) carried out one disposable injection device containing 0.05g of clopon (i.e., one philopon; hereinafter “philopon”); and (c) received KRW 120,000 from D via E’s bank account (Account Number: F).
Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded psychotropic drugs.
2. On April 25, 2014, the Defendant committed the crime of April 25, 2014: (a) deemed that the Defendant, around the D’s parking lot near the D’s office as indicated in paragraph (1), 1 of a disposable injection device containing 0.05g of phiphonephones, to D, and in return, received KRW 100,000 from D via G’s corporate bank account (Account Number: H).
Accordingly, even if the Defendant is not a person handling narcotics, the Defendant traded psychotropic drugs.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to each protocol of suspect examination of D to prosecution;
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
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. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Application of the sentencing criteria;
(a) Basic crimes and concurrent crimes in Type 1: One year to two years (the scope of recommendations).
(b) Aggravation of multiple offenses: one year to three years;
2. Determination of sentence: Imprisonment with prison labor for one year and two years under suspension; the defendant is against the crime of this case; there is no same kind of criminal records; the defendant's health status is not good; the defendant's age, character and conduct; environment; motive and circumstance of the crime; and circumstances after the crime.