A defendant shall be punished by imprisonment for one year.

237,00 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

On January 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. in the Seosan Branch of Daejeon District Court on January 19, 2012, and the Defendant appealed, but the said judgment became final and conclusive after dismissal of the appeal.

1. At around 22:00 on July 5, 201, the Defendant, who stopped on the front side of the “D Hospital” located in Gangseo-gu Seoul Metropolitan Government, provided and received approximately 0.1g of psychotropic drugs-related Mespacters (i.e., one penphone; hereinafter referred to as the “Mespopon”) to E within a food-making car operated by the Defendant.

2. At around 21:00 on July 16, 201, the Defendant provided and received approximately 0.2 grams from the planning office of the “D Hospital” as referred to in the preceding paragraph, and via the lines after the name is omitted, to E without compensation.

Summary of Evidence

1. Statements made by witnesses E in the fourth trial records;

1. Entry of E in the protocol of examination of the suspect into the prosecution for the accused;

1. Investigation report (E and each judgment against the accused);

1. A report on investigation;

1. Application of statutes concerning criminal records;

1. Article 60 (1) 3 and Articles 4 (1) and 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10768, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and the selection of a sentence, respectively;

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 proviso to Article 67 of the Narcotics Control Act;

1. The Defendant and the defense counsel in determining the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act stated that there was no fact that the Defendant delivered a phiphone to E, and that E was issued a phiphone by the investigative agency and the Defendant in this court, but, at the request of the investigative agency, E made a confession of the administration of phiphones to the investigation agency to reveal the person who sent phiphones.