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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clophophones (one philophone, hereinafter referred to as “philophones”).
On May 27, 2019, the Defendant: (a) decided to sell phiphones to B; (b) transferred KRW 1.5 million from B to C’s account in the name of the Defendant’s seat; and (c) sold 2.5g of phiphones by allowing B to receive approximately 2.5g of phiphones sent from the street in front of the play in Seoul Northern-gu, Gangnam-gu, Seoul, to Kwikset service.
Summary of Evidence
Witness
B Legal Statements
1. Currency details;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The summary of the argument on the argument of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act does not sell phiphones to B as stated in the facts charged, but only purchased phiphones from F jointly with B.
2. Comprehensively taking account of the following circumstances acknowledged by the record of the judgment, the fact that the Defendant sold phiphones to B as recorded in the facts charged is recognized.
(1) B purchased philophones from the Defendant, as described in the facts charged, from the investigative agency up to this court.
was stated.
B’s statement is credibility in light of the following: (a) the main part of the statement is consistent; (b) there is no unreasonable or contradictory part in light of the empirical rule; and (c) the motive or reason to make a false statement unfavorable to the Defendant is not clearly revealed.
② The crime committed by B is that the Defendant purchased phiphones from the Defendant.