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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
Even if the Defendant is not a narcotics handler, the Defendant handled Mebacule (one philopon; hereinafter “philopon”) as follows:
1. On August 27, 2015, the Defendant received a delivery of approximately 0.03 grams from D from the guest rooms in the c “C” telephones, which are located in B when lighting around 22:00, and administered chophones in a crophone to the coffee.
2. On September 7, 2015, the Defendant, at around 05:10, delivered approximately 0.03 grams from D at the Defendant’s residence of Guro-gu Seoul Metropolitan Government E-Ba 302, administered chophones in a way of drinking them on coffee.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. The details of each currency;
1. Application of Acts and subordinate statutes on investigation reporting;
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. Article 62-2 of the Criminal Act on the observation of protection;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Scope of the recommended sentence according to the standards for handling multiple crimes: From October to two years (the group of narcotics crimes, medication, simple possession, etc., the class 3 (b) and the basic area; c) of imprisonment with prison labor for each crime of violation of the Act on the Control of Narcotics, Etc. on the Sentencing Criteria: From October to three years;
2. Narcotics-related crimes are serious crimes that have a great impact on society as well as the criminal himself/herself.
The defendant has a history of having been suspended from indictment in order to purchase philophones.
However, in light of the fact that the defendant's mistake was divided, that was limited to the two times of simple medication, and the method of medication seems not to reach the state of severe addiction, the defendant does not have the same criminal record, and there is no other criminal record than the two times of fine.