Text
A defendant shall be punished by imprisonment with prison labor 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
Defendant is not a narcotics handler.
1. The Defendant decided to purchase c and a local mental medicine c and pyrophones (one philopopon; hereinafter “philopon”), and the Defendant c and 10,000 won of philopon on the surface of the philopon.
C revealed his intention to purchase phiphones to sell phiphones through Internet mobile Chinese P, and around the end of February 10, 2018, on the bottom of the electric telegram, the members of Ansan-si E-gu, Ansan-si, Seoul-si, a francon book with approximately 0.2 g of philopon, which is contained in the white paper of a plastic package, in which the philop is stored, and then put 100,000 won in the philop on the philop, and the Defendant thereafter purchased the philopon on the philop.
2. On February 10, 2018, the Defendant: (a) around his residence in Guro-gu Seoul Metropolitan Government F and B01 heading C, opened approximately 0.2g g of the philopon purchased as above on a gambling ground; and (b) administered the smoke from the philon inhalers made by using the philopon inhalers with C, along with C.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
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. The proviso to Article 67 of the Narcotics Control Act;
1. Second crimes for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendation / [the scope of recommendation / 10 to 2 years] in the basic area (10 to 3 years) of the Criminal Procedure Act / [the scope of recommendation / the scope of recommendation ] the mitigated area (8 months to 1 year and 6 months) (the person subject to special mitigation / [the person subject to special mitigation ] in the mitigated area (8 months to 1 year and 6 months) / [the person subject to special mitigation / [the person subject to special mitigation ].