A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Western District Court on January 28, 2014, and on July 15, 2014, the Defendant was eight times of the same kind of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Western District Court.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Meblopon (one philopon; hereinafter “philopon”) of narcotics as follows.

1. On February 2, 2017, the Defendant administered philophones in the upper point of “D” located in Sungnam-si A around 03:00 to 04:00 on the lower day, in a scopon to a coffee 0.05g of philophones.

2. On March 2017, the Defendant administered philophones in a way of 03:00 to 04:00, at the same place as the above 1.1. paragraph, at the same time as 0.05g philophones on the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Seizure records;

1. A statement on narcotics appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the date of release);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, 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. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc. (one-year period from 1 to 3 years) in the area of aggravation (one-year period from 1 to 3 years), [the decision of suspension of execution within 3 years] in the area of aggravation (the decision of suspension of execution within 1-year), and the crime related to narcotics [the decision of suspension of execution within 3 years] in the case of crimes related to narcotics, etc., there is a need to strictly punish the crimes because it is highly likely to harm the health and social safety of the people, and each of the crimes of this case is that the defendant administered phiphonephones twice.