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

4,720,000 won shall be additionally collected from the defendant.

Punishment of the crime

No person shall trade psychotropic drugs (Article 2 subparagraph 3 (a)) or possess them for such purpose.

Nevertheless, around 16:00 as of July 20, 2013, the Defendant: (a) opened 120,000 won from C in front of the Daeungdong located in Mapo-gu Seoul Metropolitan Government; (b) opened up approximately 2 g of JWH-210 (a similar body of JWH-018, a one-time Switzerland; hereinafter “Sphice”) psychotropic drugs, and sold psychotropic drugs, from that time, sold spha over a total of 4.72 thousand won, and possessed approximately 42.56g spha for sale as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Report on a request for appraisal (176 pages of investigation records), investigation report (verification as to whether it falls under psychotropic drug (a), and page 264 of investigation records);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 58 (1) 3, Article 3 subparagraph 5, and subparagraph 3 (a) of Article 2 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 12495, Mar. 18, 2014; hereinafter the same shall apply) (Article 58 (1) 3, Article 3 subparagraph 5, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc.

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes as provided for in the Act on the Control of Narcotics, etc. from Sphas Trading at the lower end of 20:00 on October 2013 with the largest quality and circumstances] among concurrent crimes;

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. Grounds for calculation of the additional collection amount of KRW 4,720,000 under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: Reasons for sentencing of the price by the Switzerland sold by the defendant as shown in the "Sphy Trading" attached Table 1.

1. The scope of punishment: Imprisonment for a period of two years and six months to twenty-two years;

2. Scope of recommendations according to the sentencing criteria;

(a)the control of narcotics, etc. resulting from their respective spha trade;