A defendant shall be punished by imprisonment for not less than two months.

1,500,000 won shall be additionally collected from the defendant.

Punishment of the crime

On November 24, 2014, the Defendant was sentenced to five months of imprisonment with prison labor for a violation of the Narcotics Control Act in the Incheon District Court’s Branch Branch, and completed the execution of the above punishment on April 22, 2015. On August 19, 2016, the Defendant was sentenced to one year for a violation of the Narcotics Control Act (fence) at the Incheon District Court’s Incheon District Court’s District Court’s imprisonment with prison labor for a violation of the Narcotics Control Act. The judgment became final and conclusive on January 9, 2017.

The Defendant, who is not a narcotics handler, was prohibited from dealing with camphographs (one philophone, hereinafter “philophones”), but around 12:00 on July 2, 2016, received KRW 1.5 million from D in advance to the post office account in the name of the Defendant, and sold campphones to D in the form of a single campphone in which approximately 1.5 million was divided into two campphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Copy of details of financial transactions;

1. A report on investigation (the details of calculation of a surcharge);

1. Previous convictions: Inquiry into criminal history, investigation reports (report attached to a copy of the judgment), and application of Acts and subordinate statutes of one copy of the judgment;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (Article 35 of the Criminal Act provides that criminal records of the defendant who becomes the ground for aggravated repeated crimes are only the grounds for sentencing, and even if they are not stated in the indictment, deliberation and judgment may be conducted, and the prosecutor omitted the provision that applies to aggravated repeated crimes in the indictment while instituting the defendant.

Even if the court applies it ex officio to punish the defendant as a repeated offense (see Supreme Court Decision 2006Do3194 delivered on July 27, 2006, etc.)

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the principle of equity, etc. with cases where a judgment is to be rendered concurrently with a crime of violation of the Act on the Control of Narcotics, Etc. as indicated in the judgment of January 9, 2017] shall be considered;

1. Collection of narcotics;