2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Defendant is not a narcotics handler.

1. On January 21, 2013, the Defendant sold approximately 3g of psychotropic drugs JWH-018 and its similar body (hereinafter “Sphas”) to F on the roads near the D Hotel located in Daegu-gu, Daegu-gu, (former EM), for approximately 120,000 won.

2. Around January 25, 2013, the Defendant sold 3g of spices to F in 120,000 won on the roads near the D hotel.

3. Around April 19, 2013, the Defendant sold 3g of spices to F in 120,000 won on the roads near the D hotel.

4. Around May 4, 2013, the Defendant sold 3g of spice to F in 120,000 won on the road near the D hotel.

5. Around May 8, 2013, the Defendant sold 3g of ices to F in 120,000 won on the roads near D hotel.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's interrogation protocol concerning F and G;

1. Each investigation report (including attached documents);

1. Application of Acts and subordinate statutes to a report on the attachment of the currency content between F and A, the report on the request for appraisal, and the additional confirmation of H simultaneously;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense by which the relevant Article of the Act and the choice of punishment are applicable;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Imprisonment for not less than two years and six months but not more than twenty-two years and six months;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence], each trading brokerage, etc., and there is no basic area (4 to 7 years) (4 to 7 years) of the basic area (the scope of the final sentence due to the aggravation of multiple offenses] (4 to 12 years from 4 to 12 months.

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and three years of suspension of execution; and