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

A penalty of one million won shall be additionally collected from a defendant.

Punishment of the crime

[Criminal record] On May 2, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Seoul Southern District Court on May 2, 2014, and was subject to punishment several times of the same kind, including the cancellation of detention in the Seoul Southern District Court on May 20, 2014 and the termination of the enforcement of the sentence.

On September 1, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Methods Institute, etc. on September 1, 2017, and for the same year.

9. The judgment became final and conclusive.

[Criminal facts] The Defendant is not a narcotics handler

1. On April 9, 2016, at around 15:00, the Defendant remitted KRW 600,000 to the new bank account in front of the D Station located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, the Defendant purchased a philophone by taking one disposable injection device from E, one of which is 00,000 won for the purchase of Melosophical medicine (one philophone; hereinafter “philophone”).

2. On April 24, 2016, at around 21:30, the Defendant purchased a penphone with a cash of KRW 400,000,000 in front of G in Gyeyang-gu Incheon Metropolitan City, using the purchase price of writtenphones, and a disposable injection machine with approximately 0.7g of writtenphones from E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of the E);

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (verification of the history of repeated crimes, etc. and confirmation of the result of an appellate judgment);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The defendant for reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. has several records of punishment for the same crime.