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

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

From February 12, 2018 to February 14, 2018, the Defendant administered philophones in the manner of pressing approximately 0.03g g (one philophone; hereinafter referred to as “philophones”) among the Defendant, at his own house located in Michuhol-gu Incheon Metropolitan City’s Michuhol-gu, in the form of sending approximately 0.03g (one philophones; hereinafter referred to as “philophones”).

Summary of Evidence

1. Statement by the defendant in court;

1. Request for investigation and report on investigation (calculated of additional collection charges);

1. The report of the drug reaction test;

1. Details of Defendant mobile phone calls and application of the statutes governing the location of the base station;

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

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

1. Scope of the recommended punishment according to the sentencing guidelines [the types of punishment] [the scope of the recommended punishment] according to the sentencing guidelines, including the medication, the simple possession, etc. of narcotics (b) and (c)] - The mitigated factors: The number of self-denunciation - the basic area of the same criminal records (not less than three years of suspension of execution): the basic area of the recommendation [the scope of the recommended punishment] - October to two years; and

2. The Defendant’s crime of sentencing is deemed to have administered phiphonephones, and the crime of narcotics is not very good in light of addiction and the personal and social harm resulting therefrom, and it is not easy to detect in light of the characteristics of the crime, and the risk of recidivism is high, and it may cause serious harm and harm to national health. Therefore, there is a need for punishment.

The defendant has the past record of criminal punishment of 12 times, including the past two times of imprisonment and the past four times of suspended execution, and among them, has the past record of criminal crimes of the same kind of narcotics, etc. two times.

In particular, the Defendant committed the instant crime even during the suspended execution period, which became final and conclusive on August 18, 2017, when he/she was sentenced to a suspended sentence of one year on the grounds of a violation of the Narcotics Control Act on August 10, 2017.