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

437,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Punishment of the crime

[criminal history] On June 9, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act, etc. at the Incheon District Court on January 14, 2017, and the execution of the sentence was terminated at the Incheon Detention Center on January 14, 2017. On November 23, 2017, the Defendant was sentenced to one year and two months from imprisonment with labor for a violation of the Narcotics Control Act (fence) and the judgment became final and conclusive on June 8, 2018.

[Criminal facts]

1. On March 22, 2017, at around 19:30, the Defendant: (a) under the foundation of Yeonsu-gu Incheon Metropolitan City B Village; (b) sold 300,000 won in cash from C one gram of a single-use injection device containing approximately one gram of the mematic drug (one philopon; hereinafter “philopon”); and (c) sold 300,000 won in cash.

2. On March 26, 2017, at around 22:00, the Defendant received from the said C a single fluent injection machine containing approximately 0.1g of philopon around the convenience store located in Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement by each prosecutor with respect to C;

1. Statement C in the first interrogation protocol against the accused during the police service;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Investigative reports (Attachment to a copy of the judgment of C which is a statement), written judgments; and

1. A report on internal investigation (a report on suspect interrogation, a report on internal investigation, and an appraisal report on narcotics attached to a police station and a veterinary respectively), a report on internal investigation (a response to a request for appraisal by a station and as a result of a request for appraisal), and a report on internal investigation (a internal investigation

1. A report on investigation (report on the calculation of an additional collection charge) and a list of price lists of narcotics;

1. Two copies of a response to a request for appraisal and a written appraisal, and a telephone statement;

1. Previous convictions: Application of reference materials submitted by a prosecutor on October 18, 2018, including inquiries about criminal history, investigation reports (Attachment to repeated crimes and copies of judgments related to the same kind of power), court records of the same kind of power, personal confinement status, investigation reports (report on the progress of separate trials of the suspect), case search records, etc.;

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense.