Text
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 September 1, 2015, the Defendant: (a) taken a medication once from D to D at the residence of Nam-gu Incheon Metropolitan City, for a single-use cam, and paid 50,000 won to D in return; and (b) melting the camphone into water, and then administered the cam for the Defendant.
2. On November 2, 2015, the Defendant: (a) taken a part of a phiphone, which entered D’s dwelling place, once a single-use popon from D; (b) paid KRW 50,000 to D in return; and (c) recorded phiphone into water with the phiphone as water; and (d) administered the copon to the Defendant.
Accordingly, even if the Defendant is not a narcotics handler, the Defendant traded and administered philophones, a local mental medicine, twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A narcotics appraisal report, each drug toxic substance appraisal report, and each gene appraisal report;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment, Etc. (the trading of phiphonephones, the fact of medication, and the selection of punishment by imprisonment);
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, and Article 59 of the Act on the Protection, Observation, etc.;
1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;
1. Scope of punishment: From January to 15 years;
2. Basic crimes applicable to the sentencing guidelines and Category 3 (b) (c) of the Act on the Medicationing and Simple Possession, etc. of Narcotics / [Determination of Type] Basic Crimes subject to the sentencing guidelines and Category 2 (b) (c) of the Act on the Medicationing and Simple Possession, etc. of Narcotics / [Scope of the recommended area] Basic Fields, Crimes of Competition from October to February (the point of transaction of phiphonephones) / [Determination of Type] Trading and arranging, etc. of the two types (the number of persons subject to special sentencing) [the number of persons subject to special sentencing] mitigation factors: Purchasing or receiving for medication and simple possession (the scope of the recommended area] mitigation area, 8 months to June 3 from June 1, 201.