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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Even though the Defendant is not a narcotics handler, the Defendant had expressed an intent to purchase and import psychotropic drugs-related psychotropic drugs-related psychotropic drugs-related Melopon (one philopon; hereinafter “philopon”) through the Internet.

On August 6, 2012, the Defendant, by accessing the Internet and ordering philophone sales books residing in the Philippines, ordered philophones. On August 9, 2012, the Defendant transferred KRW 300,000 of the purchase price of philophones at the Dalo training place in the Chungcheong-si, Chungcheongnam-si.

Accordingly, the above philophone sales volume was concealed about 0.16g philophones in an outer envelope at the lower part of the Philippines, and then sent the said philophones to the Republic of Korea using an aircraft of PR466, which starts from the territory of the Philippines, using an aircraft of Posium in the Republic of Korea and made it possible for the said philophones to arrive at the Incheon Open Port on August 11, 2012.

Ultimately, the Defendant imported approximately 0.16 grams as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (report on the acquisition of criminal information, arrest report, measurement of the volume of phiphonephones, attachment of seized articles, attachment of a photograph, attachment of a remittance receipt, attachment of a report on analysis of narcotics, and attachment of a telephone list photograph);

1. Application of each Act and subordinate statute of 0.16g of seized philophones (No. 1), six flives (No. 2), two blives (No. 3), two blives (No. 4), one blives bags (No. 4), ten blives (No. 5) to each existing statute;

1. Article 58 (1) 6, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Punishment of Crimes and the Selection of Narcotics, Etc.;

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 factors shall be repeatedly taken into consideration among the reasons for sentencing);

1. Probation, order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 67 of the Act on the Control of Narcotics, etc.