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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 the Metropha (one philophone, hereinafter referred to as “philophone”) which is a local mental medicine as follows.
1. On April 10, 2016, the Defendant received approximately 0.5 gramphones from C within the passenger car volume parked in the Dongjak-gu Seoul Metropolitan Government apartment B apartment lot 107, and received from C with approximately 0.5 gramphones.
2. The Defendant: First Lieutenant on April 2016; and
5. At his own house located in the above apartment 107 dong 906, 107 dong 906, the philophone was administered by burning the philophones so that the smoke was inhaled by burning the philophones received, such as paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning suspect interrogation of C by the prosecution;
1. Application of Acts and subordinate statutes on narcotics appraisal;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);
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. The proviso to Article 67 of the Narcotics Control Act;
1. The scope of the recommended punishment in accordance with the sentencing guidelines set forth in Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment shall be determined in consideration of the fact that the defendant himself/herself has closed down the harm and injury inflicted on the phone and has voluntarily surrendered (the scope of the recommended punishment) in the mitigated area (six months to one year and six months), and the fact that he/she has voluntarily surrendered [the scope of the recommended punishment] in the special mitigation area (4 months to one year and six months), including the purchase or delivery for the use of, and simple possession of, sonphones (the specially mitigated person] [the number of persons subject to the special mitigation] in the special mitigation area (4 months to one year and six months), the final sentencing scope in accordance with the increase of number of persons: June to nine years, and the fact that the defendant, who was sentenced to the punishment in this case, voluntarily surrenders himself/herself and voluntarily surrenders himself/herself, and the fact that there is no previous conviction;