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

50,000 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

[Criminal Power] On September 28, 2017, the Defendant sentenced ten months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) in the branch court of Busan District Court, and completed the execution of the sentence in a permanent prison on July 30, 2018.

[2019 Highest 2321] The Defendant is not a person handling narcotics who can handle psychotropic drugs, such as Mesofta (one philophone; hereinafter “philophone”).

Nevertheless, on January 21, 2019, the Defendant decided to contact with the SNS online distributors and purchase the phiphone in contact with the SNS distributors, and around 18:53 on the same day, deposited KRW 500,000 in the name of C bank account (Account Number: E) in the name of the said seller at the location of the C Bank Doha-dong Branch located in Busan City, Seo-gu, Busan, and purchased approximately 0.5g of phiphones by finding approximately 0.5g in the name of the seller, who was notified to the seller, in keeping with the 1 general service of Fbu-dong Office of Busan, which was known by the seller.

[2019 Highest 3367] The Defendant is not a person handling narcotics who can handle psychotropic drugs clocks (one philopon; hereinafter “philopon”).

Nevertheless, around 00:00 on January 22, 2019, the Defendant administered phiphones by inserting the phiphones into cans and coffees.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect of the prosecution of June 27, 2019 against the defendant;

1. A report on investigation, results of appraisal of narcotics, and a report on narcotics appraisal;

1. Previous records: Application of criminal records, investigation reports (the same criminal records of a suspect and repeated crimes) 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 Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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 proviso to Article 67 of the Narcotics Control Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.