A defendant shall be punished by imprisonment for two years.

80,000 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 records] On August 12, 2013, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a crime of violation of the Narcotics Control Act in the Chuncheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on April 25, 2015, the said suspended sentence was revoked, and the execution of the said sentence was terminated at the previous Jeju Prison on January 3, 2016.

[2] On April 14, 2016, the Defendant: (a) opened approximately 3.5 grams of Mepters (one philopon; hereinafter “philopon”) from D at adult product stores operated by D located in Gangdong-gu Seoul Metropolitan Government; and (b) 800,000 won in cash from D in the amount of philopon around April 15, 2016, around 02:30 on April 15, 2016.

Accordingly, even if the Defendant is not a narcotics handler, he traded a philophone, which is a local mental medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. One copy of each protocol concerning the examination of suspect of each E;

1. A report on investigation (Analysis of D call details), investigation report (Attachment of a suspect's phone details at the time of the crime), investigation report (Analysis of C's phone details at the time of the crime), and call details at the time of the crime D;

1. Previous convictions: Records of criminal history, current status of personal identification, and investigation report (verification of suspects and repeated crimes);

1. A criminal investigation report (verification of a criminal suspect's repeated crime) [The following circumstances, i.e., the statement of D is consistent as a whole and credibility in accordance with the monetary statements of the criminal defendant and D, where the criminal defendant denies the criminal act, but this court may comprehensively consider the evidence duly adopted and investigated.

(2) On the other hand, considering the fact that the defendant's statement on whether there was an interview with adult product store or Pocheon City operated by D at the time of the above crime continues to change depending on the status of the investigation, and there is an aspect that the defendant's separate lawsuits are not easily accepted due to the situation, the defendant's statement on whether there was an interview with adult product store or Pocheon City operated by D at the time of the above crime, etc.