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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 4924] The Defendant was sentenced to a suspended sentence of one year on September 23, 2015 to imprisonment with labor for a violation of the Narcotics Control Act in the Goyang Branch of the District Court on the grounds of the offense of violation of the Act on the Control of Narcotics, etc., on October 1, 2015. The judgment became final and conclusive on October 1, 2015. On May 27, 2016, the Defendant was sentenced to a suspended sentence of two years on one-year imprisonment with labor for a crime of violation of the Act on the Control of Narcotics, etc. in the Goyang Branch of the District Court on the grounds of a suspended sentence of two years on August 12, 2016.

Even if the Defendant is not a narcotics handler, he/she handled the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On January 2014, the Defendant introduced, along with B, a person who was in the street room located in Ansan-si, Ansan-si, and was in collusion with B, and received approximately 0.5g of philophones without compensation, in collusion with B.

2. On January 1, 2015, at around 19:00, the Defendant received approximately 0.5 gramphones from F without compensation at the Defendant’s residence of Yangcheon-gu Seoul Metropolitan Government apartment E apartment, and received phiphones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of F or C by the prosecution;

1. Part of the protocol concerning the examination of suspect B by the prosecution;

1. Previous convictions in judgment: The application of Acts and subordinate statutes reporting criminal history, attachment of judgment A, and previous convictions in each disposition;

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Selection of Punishment, Etc., and Article 30 of the Criminal Act (the receipt of oponon around January 2014), Article 60(1)2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Narcotics Control Act (the receipt of oponon around January 2015), and each choice of imprisonment, respectively;

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. Narcotics crimes for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be committed by the criminal himself.