A defendant shall be punished by imprisonment for not less than one year and six months.

70,000 won shall be additionally collected from the defendant.

Punishment of the crime

[Criminal record] On December 13, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of December 13, 2013, and completed the execution of the sentence at the Busan Detention Center on October 11, 2014.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Megatocule (one philophone; hereinafter “philophone”), which is a local mental medicine, as follows.

1. On May 29, 2015, the Defendant: (a) on May 29, 2015, on the street near “DMa” located in the Nam-gu Incheon Metropolitan City, Incheon on May 29, 2015; (b) 600,000 won from E as the price for the purchase and sale of phiphones; and (c) sold approximately 0.7 g of phiphones in plastic bags to him/her.

2. On June 5, 2015, the Defendant, on June 5, 2015, administered philophones in the second floor toilets of “G hospital” located in the Cheongbuk-do F in the Cheongbuk-do, Gyeongbuk-do, around 10:30 on June 5, 2015, containing approximately 0.05g of philophones in a single-use injection machine, and melting them into the Defendant’s arms blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. A copy of an abstract of monetary details;

1. Responses to a request for appraisal, written appraisal, notification of the results of legal and chemical appraisal and written appraisal (No. 24 No. 5 of evidence records);

1. Previous convictions in the judgment: Eight copies of the judgment, one day, one day, the status of confinement, and the application of Acts and subordinate statutes;

1. Relevant legal provisions and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for the Fact-finding, the choice of a sentence, and the choice of imprisonment for each of them;

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

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 proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the amount to be collected in addition = 700,000 won = the amount to be administered once in the amount of purchase of phiphones, 600,000); and

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

1. A crime of violating the Act on the Control of Narcotics, etc. due to the administration of narcotics, etc. according to the sentencing criteria;