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

3.5 million 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

On July 24, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Seoul Central District Court, and was sentenced to six months of imprisonment for the same crime at the Daejeon District Court on January 21, 2015, and completed the execution of the said sentence on February 14, 2016.

On April 27, 2017, the Defendant was sentenced to one year to imprisonment with prison labor for the same crime at the Suwon Friwon method, and the judgment became final and conclusive on October 27, 2017.

Despite the fact that the Defendant is not a narcotics handler, the Defendant traded the Mept Aptopy (one philophone, hereinafter “philophone”) which is a local mental medicine as follows:

1. The Defendant: (a) around July 2016 through August 1, 2016, at the heading room of the mutual influent telephone, located in the village of the breast-gu Seoul, Gangnam-gu, Seoul; (b) 5g of philophonephonephones contained in the plastic fluort to C; and (c) sold, in return, 80,000 won in cash, from C.

2. The Defendant: (a) around July 2016 to August 2016, at the influent guest room near Pyeongtaek-si E located in Pyeongtaek-si D, 15 grams of philophonephones contained in vinyl paper to C; and (b) sold 2 million won in cash from C in return.

3. The Defendant: (a) parked in the “G Mart” parking lot located in Pyeongtaek-si F around May through June, 2016; (b) laid down five grams of philophonephones contained in vinyl paper to C; and (c) sold 700,000 won in cash from C in return, within his/her car that was parked in the “G Mart” parking lot located in Pyeongtaek-si F.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Previous convictions: A written reply to inquiry, such as criminal history, the current status of acceptance by each individual, investigation reports (prior convictions, etc.), each judgment, summary information of the case, and each judgment (the defendant and his/her defense counsel asserted that the instant indictment constitutes abuse of public prosecution rights, but C by a phiphone purchaser on February 14, 2017.