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

One divers (No. 1) seized shall be confiscated.

Punishment of the crime

[Criminal Power] On January 20, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on January 20, 201, and completed the execution of the sentence on December 7, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On April 23, 2013, the Defendant: (a) received and delivered psychotropic drugs mephones (i.e., one philopon; hereinafter “philopon”); (b) around April 23, 2013, the Defendant parked on the Defendant’s 4-dong, Nam-gu, Incheon Metropolitan City (hereinafter “Wlopon”); (c) received a single philopon from D with a single philopon containing approximately 0.05g of philopon without compensation.

2. On the same day as the above 1. paragraph 1., the Defendant administered a phiphone in a way of dilution into the Defendant’s left part of c apartment 4 dong 408 at the Defendant’s house, by dilutioning crophones into a single-use crophone containing approximately 0.05 glophones found by D as above.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Responses to requests for appraisal, and replys to additional appraisal requests;

1. Investigation report (verification of prices for cancer transactions for narcotics);

1. Previous convictions in judgment: References to criminal records, search of prisoners, and application of Acts and subordinate statutes to criminal investigation reports (Attachment of latest identical cases of a suspect);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the first national average price) is that the defendant led to the crime of this case, but it is inevitable to pronounce a sentence in light of the fact that the defendant was punished several times for the same crime and re-offendered within the period of repeated crime.

The above circumstances and age of the defendant;