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

50,000 won shall be additionally collected from the defendant.

Punishment of the crime

[criminal power] The Defendant was sentenced to two years of imprisonment by the Incheon District Court on September 24, 2008 due to a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Busan Correctional Institution on April 14, 2010, and on January 17, 2013, the Seoul Western District Court sentenced two years and two months of imprisonment with labor for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on March 28, 2013.

【Criminal Facts】

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled Metepha (one philophone, hereinafter referred to as “philophone”) as follows.

At around 18:00 on May 18, 201, the Defendant sold approximately 0.3 g of philophonephones in the front of the public playground in Nam-gu Incheon, Incheon, in a car with the test color of the Defendant parked in the front of the public playground, and approximately 500,000 won from C, and about 0.3 g of philophones, which are included in 6 square meters for a day-to-day injection.

Summary of Evidence

1. The defendant's fourth oral statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Copy of seizure records;

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

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports;

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Sep. 7, 201; hereinafter the same shall apply) on the pertinent Article of the Act on the Control of Narcotics, Etc., and the Selection of Imprisonment with prison labor

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The Defendant for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (hereinafter “Act on the Control of Narcotics, etc.”) committed the instant crime again during the period of repeated crime, while the said crime was committed simultaneously in relation to the violation of the Act on the Control of Narcotics, etc. (fence) and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on March 28, 2013.