A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, did not deal with clophophones (one philophone, hereinafter “philophones”), a local mental medicine, but administered philophones as follows.

The defendant from May 201 to May 201

6.Dateless new wall B apartment in South-gu Incheon, 8 Dong Dong-dong, Defendant 1301 (former) administered philophones in a way of drinking approximately 0.03g of philophones on coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Additional replys to a request for appraisal (fixture and narcotics appraisal report);

1. Application of Acts and subordinate statutes to a investigation report (verification of the market price of mert cancer patients and calculation of additional collection charges);

1. In a case where the facts constituting an offense are identical to those acknowledged by the court under Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same) of the same Act and Article 60 subparag. 3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Management of Narcotics, etc., for which a prosecutor has selected a punishment, even if the prosecutor sought the application of new Act after the amendment of a corporation at the time of trial, the former Act may be applied properly without undergoing the amendment procedure, as it is unlikely to actually disadvantage the defendant’s exercise of his/her right to defense unless there is a difference in the gravity of punishment as to the crime (see, e.g., Supreme Court Decision 2000Do3350, Apr. 12, 2002).

(1) The administration of philophones, or the selection of imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.