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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
Criminal facts
1. The Defendant is not a narcotics handler.
A. On January 29, 2017, the Defendant purchased and sold approximately KRW 0.3g of 200,000,000 from D fishing places located in Kimhae-si, Kimhae-si, the Meptile (one philopon; hereinafter “philopon”).
B. On January 29, 2017, around 15:25, the Defendant injected approximately 0.06g of philopon, which was parked in front of the above D fishing place, by dilution with drinking water, among philopons purchased as described in the above paragraph (a), the Defendant administered them by using a disposable injection device to put them in injection.
(c)
On January 29, 2017, the Defendant sold and purchased approximately KRW 0.21g of philopon 0.21g, which was parked in H in G in Kimhae-si, Kim Jong-si, as described in the above paragraph (a), to I for sale in KRW 200,000,000 among the philopon purchased as described in the above paragraph.
(d)
On April 7, 2017, the Defendant purchased and sold approximately KRW 0.05g 50,000 from L on the street in the J of Kimhae-si on April 7, 2017.
E. On April 7, 2017, at around 20:00, the Defendant administered a drug by dilution approximately 0.05g of philopon, purchased as indicated in the foregoing paragraph, in a motor vehicle of the O Tdar which was parked in the NM located in Kimhae-si, Kim Jong-si.
2. On April 7, 2017, at around 17:30, the Defendant driven a motor vehicle without a driver’s license in the section of about 8 km from the front door of 47 Doz. 6-14, Gaz. to the front door of the lap Doz. to the above N, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to I;
1. Investigation report (Attachment to the guidance for driving route of a suspect without a license);
1. A written appraisal of each drug;
1. Application of Acts and subordinate statutes to telephone details, registers of driver's licenses, text messages, and details of revocation of driver's licenses;
1. Article 60(1)2, Article 4(1)1, and Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable.