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

【Criminal Records of Crimes】 On May 17, 2018, the Defendant was sentenced to one year of suspended sentence for six months as a result of interference with the performance of official duties at the Suwon Friwon, and the judgment became final and conclusive on May 25, 2018.

【Criminal facts, despite the fact that the Defendant is not a handler of narcotics, he dealt with the Metepopty (one philopopon; hereinafter “philopon”) which is a local mental medicine as follows.

The Defendant, around 18:58 on March 31, 2018, transferred the price of 3.50,000 won to the virtual account (H) of the Bank E (F.C.) designated by the Defendant at the location of the Bank D located in Seocho-gu, Young-gu, Seoul, to the virtual account of the Bank E (F.C.). On the same day, around 19:30 on the 19:30 day, the Defendant attempted to purchase the buphone by finding approximately 0.5g of the buphone, which the said E was hidden in advance, from the first floor toilet of the Seocho-gu Seoul Metropolitan Government I, but did not find it.

Accordingly, the defendant tried to trade philophones, but attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Images of CCTV images and CCTV images at deposited places;

1. Details of transactions in the Korean bank, provision of financial transaction information in the Han Bank;

1. Investigation Report (name F.C. - F. - F. - F. - Bill of Indictment of Handphone sellers);

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, text of judgment, and summary information of the case;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Defendant committed the instant crime, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment, intended to purchase phiphones while the judgment was pending due to the previous conviction.

The above point is disadvantageous to the defendant, on the other hand, there is no record of punishment for the same kind of crime, and his mistake.