Text
A defendant shall be punished by imprisonment for not more than ten 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
On November 21, 2015, the Defendant: (a) received a disposable injection device without compensation, for which approximately 0.07 grams of Metepopa (one philopopon; hereinafter “philopopon”) which is a local mental medicine, from E, from the influence near D located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) injected it into the Defendant’s arms.
Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of suspect of the police against F and E;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, and the choice of imprisonment with prison labor, respectively;
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. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Application of the sentencing criteria;
(a) Basic crime: 10 to 2 years from the 10th of October, 190 (the scope of the recommended punishment) of the Type 3 (b), item (c), and item (c)), such as the medication of phiphones (a determination of type), the administration of narcotics, the simple possession, etc.;
(b) Concurrent Crimes: Acceptance of notes (type determination) from August to June, 1 year and six months for administration (the scope of recommendations) of Class 2 (mariju, flavoon (b), item (c), etc.) (special sentencing factors): Acceptance of notes (the scope of recommendations).
(c) Aggravation of multiple offenses: From October to September 2.
2. Determination of sentence: The sentence shall be determined in accordance with the order, taking into consideration the following various sentencing conditions: the defendant, who was sentenced to a stay of ten months in prison, is against the crime of this case; there is no record of the same kind of crime; the defendant's age, sex, environment, motive and circumstance of the crime; and the circumstances after the crime.