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A defendant shall be punished by imprisonment for one year.
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
1. On June 2016, the Defendant purchased a penphone from a person in a trade name in the Chinese Cheongdo on June 2016, the Defendant purchased from a person in an influence of name to 30,00 won, and dices the above penphone from a hotel in an influence of the trade name in the above Cheongdo.
2. On October 6, 2016, the Defendant: (a) purchased a philophone from a person in an insular situation at around 22:00 on October 6, 2016, the Defendant purchased the philophone to 30,00 won; (b) drank the said philophone from a mutual insular insular insular region located in the Cheongdo of China; and (c) drank the said philophone from a drinking insular insular insular region.
3. On December 25, 2016, the Defendant, who administered a scopon, shall take the scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s at the Defendant’s residence located in Gyeyang-gu Incheon apartment A, Dong 402, and drink it on a coffee.
Accordingly, even if the Defendant is not a narcotics handler, he purchased philophones, a local mental medicine, twice, and administered three times.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol of seizure, list of seizure, and status of individual entry or departure;
1. A response to an appraisal by each Seoul Scientific Investigation Institute and a response to a request for appraisal;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Protection and observation, orders to attend lectures and orders to provide community service 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. The basic area (one year to two years) is the category 1 crime (the scope of the recommended punishment), the scope of the recommended sentence according to the sentencing guidelines, the basic area (one year, 1 year, 2 years).