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A defendant shall be punished by imprisonment for two years.
1. 5 (No. 1), 5 (No. 1) and 1. Handphones contained in No. 1.
Reasons
Punishment of the crime
The defendant is not a person handling narcotics.
1. The defendant committing a medication, on March 7, 2015 through the same month;
8. At approximately 20:00, in a car owned by the Defendant E-friendly E-car, which was parked in the parking lot of the first floor of the D office located in Yong-si, F administered phiphones by means of having F injection into the Defendant’s grandchildren using a single-use injection device containing a single-use medication for psychotropic drugs (i.e., a single-use penphone; hereinafter “phiphone”).
2. On March 16, 2015, the Defendant: (a) carried a penphone by inserting approximately 3.26 gramphones in front of the World Cup Roon-dong, Daejeon Sung-gu, Daejeon, into a household room, around 13:30.
Summary of Evidence
1. Partial statement of the defendant;
1. Each prosecutor's protocol of examination of the accused;
1. A criminal investigation report (attaching photographs of seized articles);
1. Each protocol of seizure;
1. Reporting on the results of eurine testing, a written test of eurines, a report on attachment of written judgments (No. 85 pages of evidence records), application of Acts and subordinate statutes to which requests for appraisal are made;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;
2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
4. Judgment on the issue of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection [Article 67 (100,000 won (per-time medication)];
1. The summary of the Defendant’s and his defense counsel’s assertion was known to the Defendant as a key to entertainment equipment, and was unaware of the fact that he was a penphone, and thus, there was no intention of possession.
2. The following circumstances, which can be acknowledged by this Court by taking into account each evidence duly adopted and examined by this Court, i.e., at the time of arrest: