A defendant shall be punished by imprisonment for two years.

Nos. 1 through 4 of the evidence seized by the defendant shall be confiscated, and 400,000 won shall be confiscated.

Punishment of the crime

Defendant is not a narcotics handler.

1. Around 02:00 on December 12, 2017, the Defendant administered phiphones by inserting approximately 0.2 g of Mesofts (one philophone, hereinafter referred to as “philophones”) who are a local mental medicine in Gwangjin-gu Seoul Special Metropolitan City, and inserting approximately 0.2 g of Mesophicals on the gambling site, and inserting a philophone in a manner of inhaleing the smoke when the smokes caused by heating pass through a physical disease containing water.

2. On December 14, 2017, around 00:02, the Defendant: (a) filed a lawsuit in a manner that keeps approximately KRW 109.25g of the sum of plastic phones packed in two plastic bags in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) in each of the Defendant’s body and bags.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Notification of each protocol of seizure and each legal chemical appraisal result;

1. Determination as to the assertion of the accused and defense counsel of an investigation report (related to the arrest of a flagrant offender), investigation report (related to the attachment of suspect smartphone text data), investigation report (related to the attachment of seized objects), investigation report (related to the attachment of seized objects), investigation report (related to the attachment of photographs stored in a cell phone), investigation report (related to the attachment of photographs stored in a cell phone), investigation report (related to the calculation of an additional collection charge), criminal investigation report (related to the calculation of criminal records), criminal history inquiry

1. The defendant and his defense counsel asserted that the indictment of this case was unlawful because the prosecution of this case was made by the use of naval investigation, with respect to possession of phiphones as provided in Paragraph 2 of the crime.

2. The investigation of a person who does not have the original criminal intent to commit a crime by means of an investigative agency’s deception or attack, thereby inducing the criminal intent to arrest him/her, is unlawful.

Whether it constitutes an illegal undercover operation in a specific case should be determined by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the details and method of the inducer, the response of the inducer, the history of the punishment of the inducer, and the illegality of the inducing act itself

this Court.