A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 18:00 on June 24, 2015, the Defendant called D cash 200,000 won at the coffee shop near the Jung-gu Incheon Metropolitan City Office, and asked D to seek Meteptoptoptoptocs (one philopon; hereinafter “philopon”), which is a local mental medicine, and D received 200,000 won from SM5 car operated by G operating in front of the F Hospital located in Jung-gu Incheon Metropolitan City on the same day, and 0.09g of philopon from G.

After several subdivisions, the Defendant received a disposable injection from D with approximately 0.09g philopon, which was 0.09g from G, in a small-scale taxi operated by the Defendant, and the Defendant immediately moved to the parking lot of a public playground located in the same Dong, set up a taxi at the same place, and then injected approximately 0.03g of the said philopon into a disposable injection machine and dilution it with water.

Accordingly, even if the Defendant is not a narcotics handler, he purchased 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 D;

1. Application of Acts and subordinate statutes governing text messages;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice 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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. A second-class crime that has no basic area (10 to 2 years) (10 to 2 years) (the scope of the recommended punishment) for the reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment) for the purpose of sentencing, such as medication, simple possession, etc.