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

150,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Punishment of the crime

On September 18, 2015, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Narcotics Control Act in the Busan District Court’s Branch Branch, and the execution of the sentence was terminated at Daejeon Prison on August 27, 2016. On March 30, 2018, the Defendant was sentenced to one year and eight months of imprisonment with labor for the same crime, etc. at the Suwon District Court’s Branch, and the said judgment became final and conclusive on June 5, 2018.

Despite the fact that the Defendant is not a narcotics handler, on December 2016, the Defendant purchased and sold a disposable injection phone from D and E, and sold a disposable injection phone to the said person, with approximately 0.07 g of philopon, and on May 5, 2017, after receiving KRW 50,000 from D at the parking lot of the Bupyeong-gu Incheon Metropolitan Government Fel, the Defendant purchased and sold a disposable injection phone to D with approximately 0.07 g of philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (two times);

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

1. A protocol concerning the interrogation of suspects of E;

1. Copy of the protocol concerning the examination of suspect of the police;

1. Copy of a response to a request for appraisal (D);

1. D judgment;

1. Previous convictions: Inquiries about criminal history, investigation reports (the facts in a separate Supreme Court judgment), two copies of the judgment, investigation reports (the judgment of repeated crime), three copies of the judgment, report on the results of confirmation of the previous convictions in the disposition, one copy of the decision, and the application of Acts and subordinate statutes concerning the status of personal confinement;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. 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 proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not apply to the sentencing criteria as concurrent crimes by the latter part of Article 37 of the Criminal Act.

The offense of violation of the Act on the Control of Narcotics, Etc. with Respect to the Sale of Handphones is committed.