A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 or 4 shall be confiscated from the accused.

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant traded, administered, or imperpter (one philoopon; hereinafter referred to as “phiopon”) the Mecopon, which is a local mental medicine, as follows:

1. On December 10, 2016, the Defendant: (a) received KRW 200,000 from E in the way near the D located in Ansan-si, Andong-si; and (b) sold approximately 0.06g of philopon to E, which is contained in a disposable injection machine.

2. On December 2017, the Defendant administered a philophone medication in a way that 0.02g of philophone 104 Dong-gu Incheon, Yeonsu-gu, Incheon, the Defendant’s residence.

3. At around January 30, 2018, the Defendant possessed approximately 18.38g philophones, which are contained in two plastic bags located in Nam-gu, Incheon, Nam-gu, Seoul, in his/her hand, in the second half of Haba in his/her hand, of which the Defendant possessed approximately 18.38g.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The protocol and statement concerning the suspect interrogation of each police officer regarding E;

1. Each report on seizure and list of seizure, reply to a request for appraisal, and each narcotics appraisal report;

1. Application of Acts and subordinate statutes on recording;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts (selected to imprisonment with prison labor);

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of recommended sentences based on the sentencing guidelines: One year to three years;

(a) The basic area (one year to two years) of the first crime (the scope of a recommendation), the sale and purchase of which (the scope of a recommendation), the brokerage, etc. for the sale and purchase of phiphones, and the basic area (one year to two years) of the second type (the mariju, the math (b) and (c) of marijuana, and the like);

(b) Type 3 (popon medication) of the basic area of crimes (referring to the scope of punishment for each recommendation), including the medication and the simple possession, etc. (referring to items (b) and (c)) of the second crime (referring to October to two years);

(c) Category 3 (B), such as medication, simple possession, etc., of 3 crimes (the scope of recommendations), (the scope of punishment), medication, etc.