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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 30, 2015, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 11, 2015, and the judgment became final and conclusive on September 11, 2015, and, notwithstanding the fact that the Defendant is not a narcotics handler, dealt with the following psychotropic drugs (hereinafter referred to as “suphonephone”).
1. On February 28, 2011, the Defendant: (a) paid KRW 900,000 to E from the D Bank located in Jung-gu Seoul, Jung-gu, Seoul to purchase phiphones with approximately 0.8g of phiphones.
2. On March 8, 2011, the Defendant paid KRW 600,000 to E from the frontway in Seoul Jung-gu, Seoul to purchase phiphones by taking approximately 0.6g of phiphones.
3. On March 8, 2011, the Defendant received approximately 0.05 grams from the Frophone in Jung-gu Seoul, Jung-gu, Seoul to E without compensation.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of examination of the accused (including the E-statement);
1. Each prosecutor's statement concerning E;
1. Details of telephone conversations (Evidence No. 22 pages of evidence);
1. Previous convictions in judgment: Investigation report (verification of criminal records by concurrent crimes under the latter part of Article 37 of the Criminal Act of the accused), case agreement assistance session, and application of each statute of the judgment;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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. Circumstances unfavorable to the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: The defendant has been sentenced to imprisonment due to a crime related to narcotics, etc.; the fact that the defendant has committed the crime, and purchases phiphones.