A defendant shall be punished by imprisonment for six months.

150,000 won shall be additionally collected from the defendant.

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to one year, etc. for the crime of violation of the Act on the Control of Narcotics, etc. at Daejeon District Court on November 17, 2014, and completed the enforcement of the sentence. On April 21, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of violation of the Act on the Control of Narcotics, etc. at Sejong District Court on the Housing Site, etc., and the said judgment became final and conclusive on September 22, 2016.

Even if the Defendant is not a narcotics handler, he dealt with psychotropic drugs-related Mesofts (one philophone; hereinafter “philophones”), as follows:

1. On December 1, 2015, at around 19:00, the Defendant sent approximately 0.15g of philopon to D inside a renal vehicle parked on the street near the Gyeyang-gu Incheon building.

2. On December 12, 2015, the Defendant, around 18:30 on December 12, 2015, sent approximately 0.2 grams of philopon to D from 607 of Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Investigative reports (Attachment to D's judgments), written judgments; and

1. Details of currency;

1. Previous convictions in judgment: Inquiry reports, current status of personal confinement, investigation reports (verification of cases in trial at present), judgment, and application of Acts and subordinate statutes, such as judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The amount to be collected by means of reference to Supreme Court Decision 2010Do8764 Decided October 28, 2010: 30,000 won: 150,000 won (==300,000 won x 0.35g/ 0.7g) average nationwide price of 0.7 grams: A normal condition unfavorable to the reasons for sentencing: not only has the history of criminal punishment for the same kind of crime (4 times) but also is one of the repeated crimes periods of the same kind of crime.