Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant, even though not the handler of narcotics, treated the Metepopty (one philophone, hereinafter “philopon”), which is a local mental medicine, as follows:
1. On November 2016, the Defendant administered philophones in the middle of the year 2016, with a view to inserting approximately 0.03g of philophones into a single-use injection machine and dilution them into one’s arms at the residence of 17:00 on the first half of the year 2016, the first half of the year 201, the second half of the year 17:00, the second half of the year 201, and the second half of the year 201.
2. On February 11, 2017, the Defendant: (a) administered philophones in the Defendant’s residence located in Changwon-si, Changwon-si; (b) 0.03g of philophones into a single-use injection instrument; and (c) dilution with water; and (d) administered philophones by means of injection into one’s arms.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of 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 sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
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. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
1. The grounds for sentencing under the main sentence and proviso of Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection, etc., and the fact that there are some circumstances to consider the motive and circumstance leading to each of the crimes in this case, etc. are favorable to the defendant.
On the other hand, narcotics crimes need to be strictly punished as serious crimes that are socially malicious and risk of recidivism, and the defendant has been punished for narcotics crimes even before.
In addition, the circumstances and results of each of the crimes in this case after the crime is committed.