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A defendant shall be punished by imprisonment for not less than eight 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. On February 2013, 2013, the Defendant purchased and sold 300,000 won after receiving a single diver diver flag, which is a local mental medicine, to F, in the vicinity of the E Station located in Gangseo-gu Seoul Metropolitan Government D, with approximately 0.5g a local mental medicine.
2. On February 2, 2016, the Defendant received a single-use injection device from the H’s house located in Gyeyang-gu G at a high altitude of about 17:00, from the said H, about 0.05g philopon from the said H without compensation.
3. At the time, at the place, as described in paragraph 1 above, Defendant 1 injected approximately 0.05g of philophones contained in a disposable injection machine, and administered them in such a way as to injecte the Defendant’s crop dives into the blood cells.
4. At around 17:00 on February 22, 2016, the Defendant received a single-use injection device from the above H’s house at around 17:00, from approximately 0.05g of philopon, and received it.
5. At the time, at the place, as described in the above paragraph 3, Defendant 1 injected approximately 0.05g of philophones contained in a disposable injection machine, and administered them in such a way as to injecte the Defendant’s lusium inculous injection.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness F;
1. A protocol concerning the interrogation of suspect of H;
1. A statement on narcotics appraisal;
1. Investigative reports (calculated additional collection charges) and judgment attached to a criminal investigation report;
1. The details of transactions [the defendant has proved that he denies the fact of sale, but he/she has proved a final conviction on the F purchased money, etc.;
[Application of the statute]
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., concerning facts constituting a crime;
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. Grounds for sentencing of Article 48(1)2 and (2) of the Criminal Act, proviso of Article 67 of the Narcotics Control Act.