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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person other than a narcotics handler shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, deliver, receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs.
1. On January 4, 2017, the Defendant: (a) received KRW 750,00 in cash from pro-on E on the front of the D in Busan Seo-gu, Busan; and (b) composed of five g of phiphones, one vinyl in which he/she received KRW 750,000 in cash.
Accordingly, even if the defendant is not a narcotics handler, he sold a philophone, which is a local mental medicine.
2. On May 21, 2017, the Defendant administered philophones by inserting them into a single-use 0.1g of philophones at the dwelling space of the Defendant located in Busan City F on May 21, 2017, and dilution them with water, and then administering them once in the manner of injecting them into arms.
Accordingly, even if the suspect is not a narcotics handler, the suspect administered philophone, which is a local mental medicine.
3. On May 23, 2017, the Defendant: (a) on May 23, 2017, in front of the Defendant’s residence located in Busan Lancho-gu, Busan; (b) on the cell phone case, the Defendant carried one of the injection equipment containing 0.5g and half of 0.05g of philopon on the left part of the mobile phone case, and carried 0.6g in total of philopon.
Accordingly, even if the Defendant is not a narcotics handler, he possessed a philophone, which is a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of the police interrogation protocol regarding E;
1. Application of Acts and subordinate statutes to a copy of documents, such as the protocol of seizure, one CD-1, investigation report (the arrest of a suspect and execution of a warrant of search and seizure verification), each seizure protocol, reply to requests for appraisal (2017-W-3343), investigation report (verification of the market price of narcotics) and investigation report;
1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of 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 62-21 of the Criminal Act on the observation of protection.