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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence 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, he dealt with the Metepha (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.
On July 4, 2016, around 08:06, the Defendant: (a) put approximately 0.054 grams in front of the hotel in Jongno-gu Seoul Metropolitan Government C hotel No. C, put about 0.054 grams in his/her own form and in his/her form of horses, put about 0.06 gramphones and 0.057 grams in two for a single-use-use-use-use-use-use-use-use-use-use-use-use-based-use-based-use-based-use-based-use-based-use-based-use-based-based-use-based-based-
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. A certificate of transfer and takeover of an appraisal;
1. Application of the Act and subordinate statutes to the investigation report (Evidence No. 18);
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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations given in accordance with the sentencing guidelines] . The basic area (10 to 2 years) of the 3 types of medication, simple possession, etc. . . . . . / [Determination of sentence] the crime related to narcotics . . The crime related to narcotics . . . 【decision of sentence’ brings about the degradation of individuals, homes, society and human society as a whole and needs to be punished in light of the fact that it exceeds individual criminal acts and is a social pathology.
In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and the circumstances after crime, the punishment as ordered shall be determined within the scope of the recommended sentence.
Unfavorable circumstances: The SNS attempted to administer philophones together with other philophones by coloring another philophones.
The favorable circumstances: the possession of philophones, the arrangement of sales of philophones, and the administration of philophones did not proceed to the crime (the result of philophones appraisal).