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

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

Punishment of the crime

Defendant is not a narcotics handler.

On April 24, 2017, the Defendant decided to purchase KRW 2,50,00,00 from the seller of a penphone to purchase KRW 3g of a penphone 2,50,000,00 from around 17:32 of the same day to the new bank account used by the seller of a penphone at around 188, Gumi-si, 188 (the suspension of indictment on the same day) via B (the suspension of indictment for the same day), from a person who sells a penphone, which is a mental medicine, on the Internet. However, the Defendant attempted to purchase a part of a penphone by failing to send a cellphone to the seller of the day.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. The application of Acts and subordinate statutes on the dialogue with books for the sale of philophones and the disguised transaction photographs, etc. of philophones, copies of narcotics appraisal, copies of bank transactions with new sales books, copies of bank response data, bank entry data, suspect entry into the crime, and the application of philo CCTV photographs

1. Relevant legal provisions and Articles 60(3) and 60(1)2, and 4(1)1 and 4(1)3(b) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. Since the sentencing criteria are not applicable yet, the sentencing criteria shall not apply; and

2. Circumstances unfavorable to the determination of sentence: (a) even though the Defendant had had a criminal record of the same kind, including several times of punishment, the volume of the instant crime is low. The social harm of the narcotics crime is so great that the Defendant wants to purchase; (b) circumstances favorable to the need to strictize it: the Defendant acknowledges and reflects the attempted crime; (c) the Defendant has no record of punishment after 2009; and (d) the Defendant’s age, occupation, sex and environment;