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

Seized evidence 3 shall be confiscated.

10,000 won from the defendant.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on November 1, 2016, and was punished for the same crime on November 30, 2018 by 12 times, including the completion of the enforcement of the sentence in the Busan Correctional Institution on November 30, 2018.

[Criminal Facts] Even if the Defendant is not a person handling narcotics, he dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. On May 23, 2019, the Defendant administered philophones in the Daegu Dong-gu Bridge Baon room, and 0.03 g of philophones in a way that philophones are sent to coffee.

2. On May 25, 2019, the Defendant possessed phiphonephones by inserting approximately 0.06g of a transparent vinyl in his lower part of his own mouth in the Daegu District Prosecutors’ Office C heading in Daegu-gu, Daegu-gu, 364, on May 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A certificate of small riverine and simplified drug inspection, and a test report;

1. Each investigation report (the sequence 12, 15, 19 of the evidence list);

1. Previous records of judgment: Criminal records and investigation records data inquiry, investigation reports (verification of the records of repeated crimes and appendix of related judgments), personal confinement status, application of certified copies of judgment and Acts and subordinate statutes;

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., concerning the relevant criminal facts and the Selection of Punishment;

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

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. Crimes Nos. 1 and 2 [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)]