Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Despite the fact that the Defendant is not a narcotics handler, he dealt with the following psychotropic drugs-related Mesofts (ponopon, hereinafter referred to as "ponononopon").
1. At around 12:30 on July 4, 2014, the Defendant received and delivered 0.5 grams from D at the home of the Defendant No. 6 Dong 104, the Defendant received and delivered opphones without compensation.
2. Medication of phiphones.
A. On July 4, 2014, the Defendant: (a) around 12:30 on July 4, 2014, 2014, sent approximately 0.1g of philophones delivered at the Defendant’s house of 6 Dong 104 and the Defendant’s house of 104, as above, to the philophones, put about approximately 0.1g of philophones into the philophone inhalers; (b) made a smoke arising from the heating of philophones together with D, and inhales them.
Accordingly, the Defendant conspiredd with D to administer philophones.
B. On July 4, 2014, the Defendant inhaled philophone medication by inserting approximately 0.3g of philophones delivered at the home of the Defendant No. 104, 19:00 on July 4, 2014, at the Defendant’s house of 19:0 and 104, to the philophones, and then inhales them by inserting approximately 0.3g of philophones delivered at the home of the Defendant’s house No. 6, 104.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the protocol concerning examination of suspect concerning D by the prosecution;
1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and Article 30 of the Criminal Act on the Control of Narcotics, etc., and Article 30 of the Criminal Act, respectively, concerning the relevant criminal facts and the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment: Imprisonment for not more than 15 years;
2. Recommendations and sentence on the sentencing criteria: Imprisonment with prison labor for ten months - March and eight months (to select each basic area among the third types, such as medication and simple possession, and to apply the standards for handling multiple crimes);
3. Determination of sentence: Imprisonment for 10 months, suspended sentence 2 years, and additional collection charges 400,000 won; and