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

20,000 won shall be additionally collected from the defendant.

Punishment of the crime

[criminal history] On July 29, 2010, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court, and on April 18, 201, the same kind of crime was seven times, including the termination of the execution of the sentence at the Net Prison on April 18, 201. On November 20, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 23, 2015 and became final and conclusive on November 23, 2015.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

On September 18, 2013, at around 23:00, the Defendant sold 0.15 grams to D by using approximately KRW 200,000,000 of Melopon, a Melopa (one philopopon; hereinafter referred to as “philopon”) a local mental medicine, which is a paper-oriented medicine, to D, and then exempted D from 20,000,000,000,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

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;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] Trading, referral, etc., and a sentence lower than the lower limit of the sentencing criteria shall be imposed in consideration of the following factors: (a) the weighting area (one year to six years), the weighting area (one year and six months to four years), the previous offense (the period of suspension of execution within three years) and the previous offense (the period of suspension of execution within three years) of the same kind (the decision of sentence] committed during the period of the first repeated offense of the same kind; (b) the fact that the judgment should be judged concurrently with the offense of the first head of the judgment on which the judgment becomes final and conclusive; and (c) the fact that the confession of the