A defendant shall be punished by imprisonment for not less than three months.

The amount equivalent to 100,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge shall be paid provisionally.

Punishment of the crime

[Criminal Records] On May 29, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on two years and six months, and the judgment became final and conclusive on November 26, 2015.

[Criminal facts] The Defendant is not a narcotics handler

On November 2011, 2014, the Defendant: (a) at the Moel room where it is impossible to know the trade name located in the Gangnam-gu Seoul Metropolitan Government Seo-dong, the Defendant: (b) provided R with a single dose of meblopic medicine, a local mental medicine medicine (hereinafter “philopon”); and (c) provided R with a single dose of meblopic medicine.

Accordingly, the Defendant conspired with R to administer philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against R;

1. Each investigation report (the sequence 16,20 of the evidence list) and accompanying documents;

1. Records of crime: Application of inquiry letter, investigation report (Evidence No. 30 of Evidence), and attached statutes, such as criminal history;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 30 of the Act on the Selection and Management of Narcotics, etc. for Criminal Facts, and Selection of Imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing [the scope of the punishment recommended on the sentencing criteria] under the proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act [the grounds for mountain determination: KRW 100,000 per phiphone] of the Act on the Control of Narcotics, etc. subject to Additional Collection and Provisional Payment Order, and Article 334(1) of the said Act [the sentencing criteria are not applicable in relation of single concurrent crimes

[Determination of sentence] Taking into account various sentencing conditions as shown in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after crime. However, equity in the case where a judgment was rendered simultaneously with the case recorded in the record of crime as indicated in the judgment, as well as the case where a judgment was rendered, the sentence is determined as per Disposition.