A defendant shall be punished by imprisonment for not less than one year and six months.

1,500,000 won shall be additionally collected from the defendant.

Punishment of the crime

On April 26, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Daegu District Court on April 26, 201, and completed the execution of the sentence at the Chuncheon Prison on October 31, 2012.

Defendant is not a narcotics handler.

1. On March 26, 2015, the Defendant: (a) purchased and sold 400,000 won from G in the Defendant’s vehicle parked on the F Station located in Daegu-gu Dong-gu, Daegu-gu, from G; and (b) purchased and sold a local mental medicine drug 0.7g (hereinafter “philopon”) from G to G in approximately 0.7g of clopon.

2. On April 2, 2015, at around 17:58, the Defendant: (a) purchased KRW 700,000 from G in the Defendant’s vehicle parked on the F Station in Daegu-dong-gu, Daegu-gu, and sold approximately 1.4g Handphones to G in the Defendant’s vehicle parked on the road adjacent to the H, Daegu-gu, Daegu-gu, 18:30 on the same day.

3. On April 13, 2015, the Defendant purchased and sold 16:50,000 won from G to G in the I neighborhood, located in Daegu-dong-gu, Daegu-gu, G, with approximately 0.7g of philophonephones contained in G in the mebane.

Accordingly, the Defendant sold three philophones.

Summary of Evidence

1. Legal statement of witness G;

1. Each statement protocol with respect to G preparation by the public prosecutor;

1. Each statement protocol concerning the G of preparation of Grade VI prosecution officials;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts, and the selection of imprisonment, respectively;

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

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. Determination on the assertion by the defendant and his/her defense counsel under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. The summary of the assertion is that the Defendant and the defense counsel only loaded G with a vehicle while eating G and provided meals to G, and there is no fact of selling phiphones to G.