A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. The Defendant was used by B at a place with no knowledge of around 17:38 April 29, 2015, in the number of metrophones (i.e., a single philophone; hereinafter “philophones”).

C Transfer of KRW 300,000 to the bank account (Account Number D) in the name of Slick Bank, and in return, on April 30, 2015, B sent from Nam-gu, Incheon, to the account of hand freight delivery, approximately 0.5g of philopon, which was a local mental medicine.

Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.

2. On July 2015, the Defendant dypon medication dyponing approximately 0.05 g of a dypon, purchased at the Defendant’s residence in Seo-gu Incheon Metropolitan City, as described in paragraph (1).

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. A narcotics appraisal report (96 pages for investigation records);

1. A copy of bank account details (23 pages of investigation records), and the application of Acts and subordinate statutes on bank transactions (33 pages of investigation records);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment, Etc. (the trading of phiphonephones, the fact of medication, and the selection of punishment by imprisonment);

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. Article 62(1) of the Criminal Act on the stay of execution (the following grounds for sentencing shall be considered):

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (0.5g each philopon 0.5g x the retail price of 332,00 won = 166,00 won on the national average philopon);

1. Scope of punishment: From January to 15 years;

2. Class 2 of the sentencing criteria (the point of purchase of philophones) for the crimes of subparagraph 1 (the point of purchase of philophones) [the types] for the sentencing criteria (the determination of types] for the sale and purchase of narcotics (the determination of types) [the special sentencing factors] for the mitigation factors: the purchase or the receipt for the simple possession, etc. of medication.