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

300,000 won shall be additionally collected from the defendant.

Punishment of the crime

On May 10, 2016, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the execution of the sentence was terminated at the smuggling detention center on April 14, 2017. On January 19, 2018, the Defendant was sentenced to ten months of imprisonment for the same crime at the Daegu District Court, and the said judgment became final and conclusive on February 19, 2018.

Criminal facts

Defendant is not a narcotics handler.

1. On August 7, 2017, at around 18:00, the Defendant: (a) delivered to C a part of a single medication, a local mental medicine, in a white paper, and received a penphone, by putting it into a white paper, on the alleyway near the residence in Daegu-gu B, Daegu-gu; (b).

2. On August 13, 2017, around 20:30, the Defendant provided C with two-time medication of phiphones in a white paper and received phiphones from the Defendant.

Summary of Evidence

1. C Legal statement;

1. Statement of examination of the accused by the prosecution;

1. Each police suspect examination protocol against the defendant or C;

1. A response to a request for appraisal, and a narcotics appraisal report;

1. Previous convictions: Inquiry of criminal history and investigation reports (verification of the status of confinement of suspects and attachment of the same kind of judgment) and the application of statutes;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The Defendant and his defense counsel’s assertion in the proviso of Article 67 of the Act on the Management of Narcotics, Etc. (one-time payment of KRW 100,00,000 and three-time payment of KRW 300,00) are asserted to the effect that the Defendant did not meet C at the time of the crime, and that there was no fact that he delivered a phiphone to C

When considering the following circumstances acknowledged by the evidence duly adopted and examined by the court, each of the facts charged in this case is sufficient.