Text
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
1. At around 20:00 on June 8, 2012, the Defendants conspired to purchase approximately KRW 0.12 g of psychotropic drugs, from the person under whose name is the site at the seat of the Kimhae-si, Kim Young-si, Maspile (hereinafter referred to as “one-name philopon”; hereinafter referred to as “philopon”), 200,000 won.
2. Although Defendant A was not a person handling narcotics, Defendant A administered approximately 0.03 g of the phiphonephones purchased as described in paragraph (1) at the insular in the net city at 17:00 on June 9, 2012, in a way of hanging them to the coffee.
3. Although Defendant B was not a person handling narcotics, Defendant B administered approximately 0.03 g of the philophonephones purchased as described in paragraph (1) at the insect of the trade name in the net city of 17:00 on June 9, 2012, in a way of hanging them to the coffee.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of Acts and subordinate statutes to each request for appraisal (No. 12 and 13 No. 13);
1. Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the sale and purchase of psychotropic drugs and the provision of medication: Provided, That Article 30 of the Criminal Act shall be limited to paragraph (1) of the judgment);
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation, community service order and order to attend a lecture: Defendant B of the Criminal Act Article 62-2;
1. Grounds for sentencing in the proviso to Article 67 of the Narcotics Control Act;
1. Defendant A’s mistake is divided, and the volume of the penphone dealt with is 0.12 g. However, the above Defendant had previously been punished for the same kind of crime, and in consideration of the fact that the head car is defeased to interfere with the investigation while escape, and the head car is colored, etc., the sentence shall be determined as per the order.
2. Defendant B is divided by Defendant B’s mistake, and Defendant B is divided.